Isabella Carter
The Roman Republic's constitution was a set of unwritten and uncodified guidelines and principles passed down through precedent, evolving over time. It was not a single, unified document but a collection of norms, customs, and written laws that guided the procedural governance of the Roman Republic. The constitution had three main bodies: the democratic element of legislative assemblies, the aristocratic element of the Senate, and the monarchical element of the term-limited consuls. The constitution emerged from that of the Roman Kingdom and evolved significantly over the almost five hundred years of the republic.
Explore related products
What You'll Learn
- The constitution of the Roman Republic was a set of unwritten norms and customs
- The three main bodies of the Roman constitution: the magistrates, the senate, and the people
- The Assemblies: the supreme repository of political power
- The Senate: an advisory body with influence
- The evolution of the Roman constitution
The constitution of the Roman Republic was a set of unwritten norms and customs
The constitution of the Roman Republic can be divided into three main branches: the Assemblies, composed of the people, which served as the supreme repository of political power and had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace; the Senate, which advised the magistrates, acting primarily with influence rather than legal authority; and the many magistrates, of which the most important were the consuls and the plebeian tribunes.
The Assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. This view of popular sovereignty emerged from the Roman conception that the people and the state (or government) were one and the same. There were two types of legislative assemblies: the comitia (“committees”), which were assemblies of all Roman citizens, and the concilia (“councils”), which were assemblies of specific groups of citizens. The comitia centuriata was the assembly of the centuries (soldiers), and they elected magistrates who had imperium powers (consuls and praetors). The comitia tributa, or assembly of the tribes (the citizens of Rome), was presided over by a consul and composed of 35 tribes.
The Senate passed decrees that were called senatus consulta, or “advice” from the senate to a magistrate. The Senate's ultimate authority derived from the esteem and prestige of the senators and was based on both precedent and custom. The focus of the Roman Senate was usually foreign policy.
The magistrates were the elected officials of the Roman republic. Each magistrate was vested with a degree of power, and the dictator, when there was one, had the highest level of power. Below the dictator was the censor (when they existed), and the consuls, the highest-ranking ordinary magistrates. The consuls' main role was to lead the republic's armies in war, and they were endowed with the power to command (imperium) and consult the gods. The tribunes were considered to be the embodiment of the plebeians, and their sacrosanctness was enforced by a pledge, taken by the plebeians, to kill any person who harmed or interfered with a tribune during his term of office.
The Constitution: Liberty and Justice for Whom?
You may want to see also
The three main bodies of the Roman constitution: the magistrates, the senate, and the people
The Roman constitution was a set of unwritten, uncodified norms, customs, and written laws that guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom and evolved significantly over the almost five hundred years of the republic. The three main bodies of the Roman constitution were the magistrates, the senate, and the people.
The Magistrates
The magistrates were the elected officials of the Roman Republic. Each magistrate was vested with a degree of power, and the dictator, when there was one, had the highest level of power. Below the dictator was the censor, and the consuls, the highest-ranking ordinary magistrates. The consuls' main role was to lead the republic's armies in war and were endowed with the power to command (imperium) and consult the gods. The most significant constitutional power a magistrate could hold was that of imperium or command, which was held only by consuls and praetors. The plebeian tribunes and plebeian aediles were considered representatives of the people and acted as a popular check over the Senate through the use of their veto powers, thus safeguarding the civil liberties of all Roman citizens.
The Senate
The Senate advised the magistrates, acting primarily not on legal authority per se but rather with its influence. The ultimate authority of the Senate derived from the esteem and prestige of the senators and was based on both precedent and custom. The focus of the Roman Senate was usually foreign policy. The Senate passed decrees that were called senatus consulta, ostensibly “advice” from the senate to a magistrate. Censors conducted the Roman census, during which time they could appoint people to the Senate.
The People
The Assemblies were composed of the people and served as the supreme repository of political power. They had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. In Roman constitutional law, the assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. This view of popular sovereignty emerged from the Roman conception that the people and the state (or government) were one and the same.
Religious Tolerance: Was It in the Original US Constitution?
You may want to see also
The Assemblies: the supreme repository of political power
The Assemblies were the first of the three main branches of the Roman Republic's constitution. They were composed of the people of Rome and served as the supreme repository of political power. The Assemblies held the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace.
The Assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. This view of popular sovereignty emerged from the Roman conception that the people and the state (or government) were one and the same. Thus, the people, when properly assembled, held the authority to override the norms and precedents of the republic, as well as ancient laws. There were two necessary components to any assembly: the convening magistrate and the citizens in the assembly itself. Assemblies did not participate in discussions, but rather heard the speakers put forth by the presiding officer, after which a direct vote could be called.
There were two types of legislative assemblies. The first was the comitia (“committees”), which were assemblies of all Roman citizens. The second was the concilia (“councils”), which were assemblies of specific groups of citizens. The comitia centuriata, or the assembly of the centuries (soldiers), elected magistrates with imperium powers (consuls and praetors). The comitia tributa, or assembly of the tribes (the citizens of Rome), was presided over by a consul and composed of 35 tribes, with 31 assigned to rural areas and four to the city. The number of citizens assigned to each tribe varied, with urban tribes having substantially more citizens than rural ones. These assignments were made by censors during the census, which also assessed citizens' wealth.
The Assemblies, as the embodiment of the plebeians, were considered sacrosanct. It was a capital offense to harm a tribune, disregard their veto, or interfere with their actions.
Defending the Constitution: Francis Scott Key's 1800s Legacy
You may want to see also
Explore related products
The Senate: an advisory body with influence
The Roman constitution was a set of unwritten and uncodified guidelines and principles passed down through precedent, which evolved over time. It mixed democracy, aristocracy, and monarchy into its overall political system. The aristocratic element was represented by the Senate, an advisory body with influence.
The Senate was the second of the three main bodies of the Roman Republic, alongside the magistrates and the people. The Senate advised the magistrates and influenced policy, rather than acting on legal authority. The Senate's authority derived from the esteem and prestige of the senators and was based on precedent and custom. The Senate passed decrees, or "senatus consulta", which were ostensibly "advice" to magistrates. The focus of the Roman Senate was usually foreign policy.
The Senate was composed of senators appointed by censors during the Roman census. The Princeps Senatus, or first member of the Senate, was chosen and could not be deposed. Their role was similar to that of a dictator, and they functioned in parallel to one, like a second consul. The Senate was checked by the tribunes, or plebeian tribunes, who were considered representatives of the people and acted as a popular check on the Senate through their veto powers.
The Senate's role evolved as Rome acquired overseas provinces, which were governed by consuls or praetors assigned by the Senate. As the number of provinces increased, the election of magistrates could not keep up, and the generals became the prorogued equivalents of magistrates.
The Constitution and Political Parties: What's the Deal?
You may want to see also
The evolution of the Roman constitution
The Roman constitution was a set of unwritten, uncodified norms and customs, alongside various written laws, that guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom, evolving significantly over the almost five hundred years of the republic.
The first phase of the Roman constitution began with the overthrow of the Roman Kingdom in 510 BC, according to legend, and the establishment of the Roman Republic. The constitution of the Roman Republic can be divided into three main branches: the Assemblies, the Senate, and the Magistrates. The Assemblies were composed of the people and held supreme political power, with the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. The Senate, on the other hand, acted primarily through influence and advised the magistrates. The Conflict of the Orders between the aristocracy (the "Patricians") and ordinary citizens (the "Plebeians") drove constitutional evolution, eventually granting plebeian citizens equal political rights and empowering the plebeian assembly with full legislative authority.
The middle and early late Republics saw gradual constitutional changes. For example, the lex Villia annalis in 180 BC formalised the cursus honorum by setting minimum age requirements for each office, and the 130s introduced the secret ballot. Rome's expansion in the 3rd and 2nd centuries BC led to the acquisition of overseas provinces, which were governed by consuls or praetors assigned by the senate. This expansion also resulted in the emergence of prorogation, where provincial commands of magistrates were extended, leading to generals no longer serving as magistrates but as their prorogued equivalents.
The collapse of republican government and norms beginning in 133 BC marked a significant shift in the Roman constitution. This period saw the rise of Augustus and his principate, with Augustus claiming to restore a republican form of government after his victory in the civil wars of the late first century BC. However, he subverted republican precedents to establish himself as the legal head of state, with the power to overrule all other magistrates and involve himself in any matter. Augustus's reforms reorganised the constitution, ultimately concentrating power in his hands and setting the stage for outright monarchy.
The final phase of the Roman constitution ended with the overthrow of the Roman Republic and the creation of the Roman Empire in 27 BC. The establishment of the empire marked a transition from the republican constitution to the imperial constitution, which gradually shed its republican characteristics to become an autocratic monarchial system.
The Constitution: Enumerated and Implied Powers
You may want to see also
