Malcolm Rivera
The Athenian Constitution, written by Aristotle or one of his students, is a treatise on the constitution of Athens, describing the political system of ancient Athens and serving as a model of democracy. It is a valuable source of knowledge about the Athenian city-state and its development, including the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, and the emergence of democracy where power was shared by all free male citizens. The Athenian Constitution was written between 328 BC and 322 BC and is one of the only surviving constitutions compiled by Aristotle, making it a significant historical document. While the exact author is debated, the document provides insight into the three key features of the Athenian Constitution: the democratic features of Solon's laws, the importance of the social contract, and the establishment of a system of checks and balances.
| Characteristics | Values |
|---|---|
| The three most important magistrates | The King, the Polemarch, and the Archon |
| The three most democratic features | Prohibition of loans on the security of the debtor's person; the right of every person to claim redress on behalf of anyone wronged; the institution of the appeal to jury courts |
| Three political bodies where citizens gathered | The assembly, the council of 500 (boule), and the courts |
| Three sets of reforms by Ephialtes | Reducing the powers of the Areopagus, extending membership of the Areopagus, and limiting democracy |
| Three contributors to the development of Athenian democracy | Solon, Cleisthenes, and Ephialtes |
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What You'll Learn
The three most democratic features
The Athenian Constitution, also known as the Constitution of the Athenians, outlines the political system of ancient Athens. It is the only surviving constitution out of 158 Greek state constitutions compiled by Aristotle. The three most democratic features of the Athenian Constitution were:
- The prohibition of loans on the security of the debtor's person: This protected debtors from being used as collateral in loans, a practice that could lead to debt slavery.
- The right of any person to claim redress on behalf of anyone suffering wrongdoing: This allowed any citizen to take action and seek justice for another citizen who was wronged, empowering individuals to stand up for each other's rights.
- The institution of the appeal to jury courts: The establishment of jury courts gave power to the masses, as ordinary citizens could serve as jurors and make decisions without the need for legal professionals overseeing them. This feature is considered the most significant in strengthening the democracy, as it gave the democracy control over the constitution.
These features, along with others such as the abolition of debts and the increase in standards of weights, measures, and currency, contributed to the democratic nature of the Athenian Constitution.
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The role of magistrates
The Athenian Constitution outlines the structure of Athens' government and its processes. The role of magistrates was an important feature of this constitution.
Magistrates, or archons, were the highest officials in Athens. They were elected according to qualifications of birth and wealth, and their term lengths varied over time, from lifelong service to ten-year terms. The first magistrates were the King, the Polemarch, and the Archon, with the office of King being the oldest and the office of Archon being the newest. The Polemarch was added second due to some kings proving ineffectual in war.
Solon's legislation concerning the nine Archons is detailed in the Athenian Constitution. He established a Council of 400, with 100 members from each of the four tribes, and he assigned to the Council of the Areopagus the duty of overseeing the laws and acting as the guardian of the constitution. The Areopagus was a council whose numbers varied from 300 to 750 and was appointed by lot. It was superseded in importance by the assembly and the courts, which were the true sites of power. The assembly could act as a court of judgment for trials of political importance.
The Athenian Constitution also outlines the role of magistrates in maintaining public safety. A committee was elected to propose that the Prytanes should be compelled to put to the vote any motion concerning public safety. This committee also abolished indictments for illegal proposals and public prosecutions, allowing every Athenian to freely give counsel.
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The Assembly
Solon also appointed a Council of 400, with 100 members from each tribe, and assigned to the Council of the Areopagus the duty of superintending the laws and acting as the guardian of the constitution. The Areopagus kept watch over the affairs of the state in important matters and corrected offenders. Ephialtes later persuaded the Assembly to reduce the powers of the Areopagus to a criminal court for cases of homicide and sacrilege.
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The Council of 500
The council had a wide range of responsibilities, including managing the finances of the state, conducting foreign relations, and supervising the executive officials. They also played a crucial role in the legislative process, as they were responsible for drafting and introducing legislation to the assembly. The council also had judicial functions, as they could try certain cases and impose punishments.
The Athenian democracy, of which the Council of 500 was a key part, was a groundbreaking system that gave power to the people. This was a significant departure from the traditional rule of nobility and allowed for a more inclusive and representative form of government. The development of Athenian democracy was influenced by Solon, Cleisthenes, and Ephialtes, who contributed to the establishment of democratic institutions and the expansion of political participation.
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The courts
The institution of the appeal to the jury courts was one of the three most democratic features of Solon's constitution. The other two were the prohibition of loans on the security of the debtor's person and the right of every person to claim redress on behalf of anyone to whom wrong was being done.
Under Roman rule, the archons ranked as the highest officials. Four archons presided over the judicial administration.
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