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Roman Constitution

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The Roman Constitution was an uncodified set of guidelines and principles passed down mainly through precedent.[1] The Roman constitution was not formal or even official, largely unwritten and constantly evolving. Having those characteristics, it was therefore more like the British and United States common law system than a sovereign law system like the English Constitutions of Clarendon and Great Charter or the United States Constitution, even though the constitution's evolution through the years was often directed by passage of new laws and repeal of older ones.

Concepts that originated in the Roman constitution live on in both forms of government to this day. Examples include checks and balances, the separation of powers, vetoes, filibusters, quorum requirements, term limits, impeachments, the powers of the purse, and regularly scheduled elections. Even some lesser used modern constitutional concepts, such as the bloc voting found in the electoral college of the United States, originate from ideas found in the Roman constitution.

Over the years, the Roman constitution continuously evolved. By the late 5th century BC, the Constitution of the Roman Kingdom had given way to the Constitution of the Roman Republic. By 27 BC, the Constitution of the Roman Republic had transformed into the Constitution of the Roman Empire. By 300 AD, the Constitution of the Roman Empire had been reformed into the Constitution of the Late Roman Empire. The actual changes, however, were quite gradual. Together, these four constitutions formed four epochs in the continuous evolution of one master constitution.

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Common law

Common law

In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

Constitutions of Clarendon

Constitutions of Clarendon

The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England. In the anarchic conditions of Henry II's predecessor, Stephen, the church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions were claimed to restore the law as it was observed during the reign of Henry I (1100–1135).

Separation of powers

Separation of powers

Separation of powers refers to the division of a state's government into "branches", each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative. In most non-authoritarian jurisdictions, however, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused.

Filibuster

Filibuster

A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out a bill", and is characterized as a form of obstruction in a legislature or other decision-making body.

Quorum

Quorum

A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons." In contrast, a plenum is a meeting of the full body. A body, or a meeting or vote of it, is quorate if a quorum is present.

Impeachment

Impeachment

Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.

Power of the purse

Power of the purse

The power of the purse is the ability of one group to control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used positively or negatively. The power of the purse is most often utilized by forces within a government that do not have direct executive power, but have control over budgets and taxation.

United States Electoral College

United States Electoral College

The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appoints electors pursuant to the methods described by its legislature, equal in number to its congressional delegation. Federal office holders, including senators and representatives, cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves an absolute majority there, a contingent election is held by the House of Representatives to elect the president and by the Senate to elect the vice president.

Constitution of the Roman Kingdom

Constitution of the Roman Kingdom

The Constitution of the Roman Kingdom was an unwritten set of guidelines and principles originating mainly through precedent. During the years of the Roman Kingdom, the constitutional arrangement was centered on the king, who had the power to appoint assistants, and delegate to them their specific powers. The Roman Senate, which was dominated by the aristocracy, served as the advisory council to the king. Often, the king asked the Senate to vote on various matters, but he was free to ignore any advice they gave him. The king could also request a vote on various matters by the popular assembly, which he was also free to ignore. The popular assembly functioned as a vehicle through which the People of Rome could express their opinions. In it, the people were organized according to their respective curiae. However, the popular assembly did have other functions. For example, it was a forum used by citizens to hear announcements. It could also serve as a trial court for both civil and criminal matters.

Constitution of the Roman Republic

Constitution of the Roman Republic

The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman kingdom, evolved substantively and significantly—almost to the point of unrecognisability—over the almost five hundred years of the republic. The collapse of republican government and norms from 133 BC would lead to the rise of Augustus and his principate.

Constitution of the Roman Empire

Constitution of the Roman Empire

The Constitution of the Roman Empire was an unwritten set of guidelines and principles passed down mainly through precedent. After the fall of the Roman Republic, the constitutional balance of power shifted from the Roman Senate to the Roman Emperor. Beginning with the first emperor, Augustus, the emperor and the Senate were theoretically two co-equal branches of government. In practice, however, the actual authority of the imperial Senate was negligible, as the emperor held the true power of the state. During the reign of the second emperor, Tiberius, many of the powers that had been held by the Roman assemblies were transferred to the Senate.

Constitution of the Late Roman Empire

Constitution of the Late Roman Empire

The constitution of the late Roman Empire was an unwritten set of guidelines and principles passed down, mainly through precedent, which defined the manner in which the late Roman Empire was governed. As a matter of historical convention, the late Roman Empire emerged from the Roman Principate, with the accession of Diocletian in AD 284, his reign marking the beginning of the Tetrarchy. The constitution of the Dominate outrightly recognized monarchy as the true source of power, and thus ended the facade of dyarchy, in which emperor and Senate governed the empire together.

Legislative assemblies

The first Roman assembly, the comitia curiata, was founded during the early kingdom.[2] Its only political role was to elect new kings. Sometimes, the king would submit his decrees to it for ratification. In the early years of the Republic, the comitia curiata was the only legislative assembly with any power. Shortly after the founding of the Republic, however, the comitia centuriata and the comitia populi tributa became the predominant elective and legislative assemblies.

Most modern legislative assemblies are bodies consisting of elected representatives. Their members typically propose and debate bills. These modern assemblies use a form of representative democracy. In contrast, the assemblies of the Roman Republic used a form of direct democracy. The Roman assemblies were bodies of ordinary citizens, rather than elected representatives. In this regard, bills voted on (called plebiscites) were similar to modern popular referendums.

Unlike many modern assemblies, Roman assemblies were not bicameral. That is to say that bills did not have to pass both major assemblies in order to be enacted into law. In addition, no other branch had to ratify a bill (rogatio) in order for it to become law (lex). Members also had no authority to introduce bills for consideration; only executive magistrates could introduce new bills. This arrangement is also similar to what is found in many modern countries. Usually, ordinary citizens cannot propose new laws for their enactment by a popular election. Unlike many modern assemblies, in the early Republic, the Roman assemblies also had judicial functions.

After the founding of the empire, the vast majority of the powers of the assemblies were transferred to the Roman Senate. When the Senate elected magistrates, the results of those elections would be read to the assemblies. Occasionally, the emperor would submit laws to the comitia tributa for ratification. The assemblies ratified laws up until the reign of the Emperor Domitian. After this point, the assemblies simply served as vehicles through which citizens would organize.

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Roman assemblies

Roman assemblies

The Roman Assemblies were institutions in ancient Rome. They functioned as the machinery of the Roman legislative branch, and thus passed all legislation. Since the assemblies operated on the basis of a direct democracy, ordinary citizens, and not elected representatives, would cast all ballots. The assemblies were subject to strong checks on their power by the executive branch and by the Roman Senate. Laws were passed by Curia, Tribes, and century.

Legislative Assemblies of the Roman Kingdom

Legislative Assemblies of the Roman Kingdom

The Legislative Assemblies of the Roman Kingdom were political institutions in the ancient Roman Kingdom. While one assembly, the Curiate Assembly, had some legislative powers, these powers involved nothing more than a right to symbolically ratify decrees issued by the king. The functions of the other assembly, the Calate Assembly, was purely religious. During the years of the kingdom, the People of Rome were organized on the basis of units called curiae. All of the People of Rome were divided amongst a total of thirty curia, and membership in an individual curia was hereditary. Each member of a particular family belonged to the same curia. Each curia had an organization similar to that of the early Roman family, including specific religious rites and common festivals. These curia were the basic units of division in the two popular assemblies. The members in each curia would vote, and the majority in each curia would determine how that curia voted before the assembly. Thus, a majority of the curia was needed during any vote before either the Curiate Assembly or the Calate Assembly.

Curiate Assembly

Curiate Assembly

The Curiate Assembly was the principal assembly that evolved in shape and form over the course of the Roman Kingdom until the Comitia Centuriata organized by Servius Tullius. During these first decades, the people of Rome were organized into thirty units called "Curiae". The Curiae were ethnic in nature, and thus were organized on the basis of the early Roman family, or, more specifically, on the basis of the thirty original patrician (aristocratic) clans. The Curiae formed an assembly for legislative, electoral, and judicial purposes. The Curiate Assembly passed laws, elected Consuls, and tried judicial cases. Consuls always presided over the assembly. While plebeians (commoners) could participate in this assembly, only the patricians could vote.

Tribal Assembly

Tribal Assembly

The Tribal Assembly was an assembly consisting of all Roman citizens convened by tribes (tribus).

Representative democracy

Representative democracy

Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of representative democracy: for example, the United Kingdom, Germany, France, and the United States.

Direct democracy

Direct democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

Rogatio

Rogatio

In Roman constitutional law, rogatio is the term for a legislative bill placed before an Assembly of the People in ancient Rome. The rogatio procedure underscores the fact that the Roman Senate could issue decrees, but was not a legislative or parliamentarian body. Only the People could pass legislation.

Roman Senate

Roman Senate

The Roman Senate was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome. It survived the overthrow of the Roman monarchy in 509 BC; the fall of the Roman Republic in the 1st century BC; the division of the Roman Empire in AD 395; and the fall of the Western Roman Empire in 476; Justinian's attempted reconquest of the west in the 6th century, and lasted well into the Eastern Roman Empire's history.

Domitian

Domitian

Domitian was a Roman emperor who reigned from 81 to 96. The son of Vespasian and the younger brother of Titus, his two predecessors on the throne, he was the last member of the Flavian dynasty. Described as "a ruthless but efficient autocrat", his authoritarian style of ruling put him at sharp odds with the Senate, whose powers he drastically curtailed.

Senate

The Roman Senate was the most permanent of all of Rome's political institutions. It was probably founded before the first king of Rome ascended the throne. It survived the fall of the Roman Kingdom in the late 5th century BC, the fall of the Roman Republic in 27 BC, and the fall of the Roman Empire in 476 AD. It was, in contrast to many modern institutions named 'Senate', not a legislative body, but rather, an advisory one. The power of the Senate waxed and waned throughout its history. During the days of the kingdom, it was little more than an advisory council to the king, though in the interregnum between monarchs, it elected the next king.[3] The last king of Rome, Lucius Tarquinius Superbus, was overthrown following a coup d'état that was planned in the Senate.

During the early Republic, the Senate was politically weak. During these early years, the executive magistrates were quite powerful. The transition from monarchy to constitutional rule was probably more gradual than the legends suggest. Thus, it took a prolonged weakening of these executive magistrates before the Senate was able to assert its authority over those magistrates. By the middle Republic, the Senate reached the apex of its republican power. This occurred because of the convergence of two factors. The plebeians had recently achieved full political enfranchisement. Therefore, they were not as aggressive as they had been during the early Republic in pushing for radical reforms.

The period was marked by prolonged warfare against foreign enemies. The result was that both the popular assemblies and the executive magistrates deferred to the collective wisdom of the Senate. The late Republic saw a decline in the Senate's power. This decline began following the reforms of the radical tribunes Tiberius and Gaius Gracchus. The declining influence of the Senate during this era, in large part, was caused by the class struggles that had dominated the early Republic. The end result was the overthrow of the Republic, and the creation of the Roman Empire.

The Senate of the very early Roman Empire was as weak as it had been during the late Republic. However, after the transition from republic to empire was complete, the Senate arguably held more power than it had held at any previous point. All constitutional powers, legislative, executive and judicial, had been transferred to the Senate. However, unlike the Senate of the Republic, the Senate of the Empire was dominated by the emperor. It was through the Senate that the emperor exercised his autocratic powers, and by the late Principate, the Senate's power had declined into near-irrelevance. It never again regained the power that it had held in the middle Republic.

Much of the surviving literature from the imperial period was written by senators. To a large degree, this demonstrates the strong cultural influence of the Senate, even during the late empire. The institution survived the fall of the Empire in the West, and even enjoyed a modest revival as imperial power was reduced to a government of Italy only. The senatorial class was severely affected by the Gothic wars.

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Roman Senate

Roman Senate

The Roman Senate was a governing and advisory assembly in ancient Rome. It was one of the most enduring institutions in Roman history, being established in the first days of the city of Rome. It survived the overthrow of the Roman monarchy in 509 BC; the fall of the Roman Republic in the 1st century BC; the division of the Roman Empire in AD 395; and the fall of the Western Roman Empire in 476; Justinian's attempted reconquest of the west in the 6th century, and lasted well into the Eastern Roman Empire's history.

Senate of the Roman Kingdom

Senate of the Roman Kingdom

The Senate of the Roman Kingdom was a political institution in the ancient Roman Kingdom. The word senate derives from the Latin word senex, which means "old man". Therefore, senate literally means "board of old men" and translates as "Council of Elders". The prehistoric Indo-Europeans who settled Rome in the centuries before the legendary founding of Rome in 753 BC were structured into tribal communities. These tribal communities often included an aristocratic board of tribal elders, who were vested with supreme authority over their tribe. The early tribes that had settled along the banks of the Tiber eventually aggregated into a loose confederation, and later formed an alliance for protection against invaders.

Senate of the Roman Republic

Senate of the Roman Republic

The Senate was the governing and advisory assembly of the aristocracy in the ancient Roman Republic. It was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a Roman magistrate served his term in office, it usually was followed with automatic appointment to the Senate. According to the Greek historian Polybius, the principal source on the Constitution of the Roman Republic, the Roman Senate was the predominant branch of government. Polybius noted that it was the consuls who led the armies and the civil government in Rome, and it was the Roman assemblies which had the ultimate authority over elections, legislation, and criminal trials. However, since the Senate controlled money, administration, and the details of foreign policy, it had the most control over day-to-day life. The power and authority of the Senate derived from precedent, the high caliber and prestige of the senators, and the Senate's unbroken lineage, which dated back to the founding of the Republic in 509 BC. It developed from the Senate of the Roman Kingdom, and became the Senate of the Roman Empire.

Senate of the Roman Empire

Senate of the Roman Empire

The Senate of the Roman Empire was a political institution in the ancient Roman Empire. After the fall of the Roman Republic, the constitutional balance of power shifted from the Roman Senate to the Roman Emperor. Beginning with the first emperor, Augustus, the Emperor and the Senate were technically two co-equal branches of government. In practice, however, the actual authority of the imperial Senate was negligible, as the Emperor held the true power of the state. As such, membership in the senate became sought after by individuals seeking prestige and social standing, rather than actual authority. During the reigns of the first Emperors, legislative, judicial, and electoral powers were all transferred from the "Roman assemblies" to the Senate. However, since the control that the Emperor held over the senate was absolute, the Senate acted as a vehicle through which the Emperor exercised his autocratic powers.

Roman Kingdom

Roman Kingdom

The Roman Kingdom was the earliest period of Roman history when the city and its territory were ruled by kings. According to oral accounts, the Roman Kingdom began with the city's founding c. 753 BC, with settlements around the Palatine Hill along the river Tiber in central Italy, and ended with the overthrow of the kings and the establishment of the Republic c. 509 BC.

Roman Republic

Roman Republic

The Roman Republic was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world.

Roman Empire

Roman Empire

The Roman Empire was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western Roman Empire to Germanic kings conventionally marks the end of classical antiquity and the beginning of the Middle Ages. Because of these events, along with the gradual Hellenization of the Eastern Roman Empire, historians distinguish the medieval Roman Empire that remained in the Eastern provinces as the Byzantine Empire.

King of Rome

King of Rome

The king of Rome was the ruler of the Roman Kingdom. According to legend, the first king of Rome was Romulus, who founded the city in 753 BC upon the Palatine Hill. Seven legendary kings are said to have ruled Rome until 509 BC, when the last king was overthrown. These kings ruled for an average of 35 years.

Lucius Tarquinius Superbus

Lucius Tarquinius Superbus

Lucius Tarquinius Superbus was the legendary seventh and final king of Rome, reigning 25 years until the popular uprising that led to the establishment of the Roman Republic. He is commonly known as Tarquin the Proud, from his cognomen Superbus.

Coup d'état

Coup d'état

A coup d'état, also known as a coup or an overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, military, or a dictator. Many scholars consider a coup successful when the usurpers seize and hold power for at least seven days.

Plebeians

Plebeians

In ancient Rome, the plebeians were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words "commoners". Both classes were hereditary.

Principate

Principate

The Principate is the name sometimes given to the first period of the Roman Empire from the beginning of the reign of Augustus in 27 BC to the end of the Crisis of the Third Century in AD 284, after which it evolved into the so-called Dominate.

Executive magistrates

During the years of the Roman Kingdom, the king (rex) was the only executive magistrate with any power. He was assisted by two quaestors, whom he appointed. He would often appoint other assistants for other tasks. When he died, an interrex would preside over the Senate and assemblies until a new king was elected.

Under the Constitution of the Roman Republic, the "executive branch" was composed of both ordinary as well as extraordinary magistrates. Each ordinary magistrate would be elected by one of the two major Legislative Assemblies of the Roman Republic. The principal extraordinary magistrate, the dictator, would be appointed upon authorization by the Senate of the Roman Republic. Most magistrates were elected annually for a term of one year. The terms for all annual offices would begin on New Year's Day, and end on the last day of December.

The two highest ranking ordinary magistrates, the consuls and praetors, held a type of authority called imperium (Latin for "command"). Imperium allowed a magistrate to command a military force. Consuls held a higher grade of imperium than praetors. Consuls and praetors, as well as censors and aediles, were regarded as "curule magistrates". They would sit on a curule chair, which was a symbol of state power. Consuls and praetors where attended by bodyguards called lictors. The lictors would carry fasces, which consisted of a rod with an embedded axe, symbols of the coercive power of the state. Quaestors were not curule magistrates, but rather, administrators and had little real power.

Plebeian tribunes were not officially "magistrates", since they were elected only by the plebeians. Since they were considered to be the embodiment of the people of Rome, their office and their person were considered sacrosanct. It was considered to be a capital offense to harm a tribune, to attempt to harm a tribune or to attempt to obstruct a tribune in any way. All other powers of the tribunate derived from this sacrosanctity, with two rights: intercession between magistrates and advocacy for the people. The tribunes were assisted by plebeian aediles.

In an emergency, a dictator would be selected by the Senate. A newly appointed dictator would usually select a deputy, known as the magister equitum ("Master of the Horse"). Both the dictator and magister equitum were extraordinary magistrates, and they both held imperium. In practice, the dictator functioned as a consul without any constitutional checks on his power. After 202 BC, the dictatorship fell into disuse, and during emergencies, the Senate would pass the senatus consultum ultimum ("ultimate decree of the Senate") which suspended civil government, and declared (something analogous to) martial law. It would declare "videant consules ne res publica detrimenti capiat" ("let the consuls see to it that the state suffer no harm"). In effect, the consuls would be vested with dictatorial powers.

After the establishment of the Principate, the old magistracies (consuls, praetors, censors, aediles, quaestors and tribunes) lost the majority of their actual powers, effectively being reduced to municipal officers in charge of various games and holidays. The vast majority of actual political and administrative work was transferred into the emperor. The founding of the empire was tantamount to a restoration of the old monarchy. The chief executive became the unchallenged power in the state, with overwhelming dominance of the Senate, which, while it as a body gained practically all authorities formerly held by the Assemblies, also became nothing more than a rubber stamp for the emperor.

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Quaestor

Quaestor

A quaestor was a public official in Ancient Rome. There were various types of quaestors, with the title used to describe greatly different offices at different times.

Constitution of the Roman Republic

Constitution of the Roman Republic

The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman kingdom, evolved substantively and significantly—almost to the point of unrecognisability—over the almost five hundred years of the republic. The collapse of republican government and norms from 133 BC would lead to the rise of Augustus and his principate.

Roman dictator

Roman dictator

A Roman dictator was an extraordinary magistrate in the Roman Republic endowed with full authority to resolve some specific problem to which he had been assigned. He received the full powers of the state, subordinating the other magistrates, consuls included, for the specific purpose of resolving that issue, and that issue only, and then dispensing with those powers forthwith.

Senate of the Roman Republic

Senate of the Roman Republic

The Senate was the governing and advisory assembly of the aristocracy in the ancient Roman Republic. It was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a Roman magistrate served his term in office, it usually was followed with automatic appointment to the Senate. According to the Greek historian Polybius, the principal source on the Constitution of the Roman Republic, the Roman Senate was the predominant branch of government. Polybius noted that it was the consuls who led the armies and the civil government in Rome, and it was the Roman assemblies which had the ultimate authority over elections, legislation, and criminal trials. However, since the Senate controlled money, administration, and the details of foreign policy, it had the most control over day-to-day life. The power and authority of the Senate derived from precedent, the high caliber and prestige of the senators, and the Senate's unbroken lineage, which dated back to the founding of the Republic in 509 BC. It developed from the Senate of the Roman Kingdom, and became the Senate of the Roman Empire.

Roman consul

Roman consul

A consul held the highest elected political office of the Roman Republic, and ancient Romans considered the consulship the second-highest level of the cursus honorum after that of the censor. Each year, the Centuriate Assembly elected two consuls to serve jointly for a one-year term. The consuls alternated in holding fasces – taking turns leading – each month when both were in Rome. A consul's imperium extended over Rome and all its provinces.

Praetor

Praetor

Praetor, also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of the magistracy, the praetura (praetorship), are described by the adjective: the praetoria potestas, the praetorium imperium, and the praetorium ius, the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship.

Imperium

Imperium

In ancient Rome, imperium was a form of authority held by a citizen to control a military or governmental entity. It is distinct from auctoritas and potestas, different and generally inferior types of power in the Roman Republic and Empire. One's imperium could be over a specific military unit, or it could be over a province or territory. Individuals given such power were referred to as curule magistrates or promagistrates. These included the curule aedile, the praetor, the consul, the magister equitum, and the dictator. In a general sense, imperium was the scope of someone's power, and could include anything, such as public office, commerce, political influence, or wealth.

Roman censor

Roman censor

The censor was a magistrate in ancient Rome who was responsible for maintaining the census, supervising public morality, and overseeing certain aspects of the government's finances.

Aedile

Aedile

Aedile was an elected office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and regulation of public festivals. They also had powers to enforce public order and duties to ensure the city of Rome was well supplied and its civil infrastructure well maintained, akin to modern local government.

Fasces

Fasces

Fasces is a bound bundle of wooden rods, sometimes including an axe with its blade emerging. The fasces is an Italian symbol that had its origin in the Etruscan civilization and was passed on to ancient Rome, where it symbolized a magistrate's power and jurisdiction. The axe, originally associated with the labrys the double-bitted axe, originally from Crete, is one of the oldest symbols of Greek civilization. To the Romans, it was known as a bipennis.

Tribune of the plebs

Tribune of the plebs

Tribune of the plebs, tribune of the people or plebeian tribune was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power of the Roman Senate and magistrates. These tribunes had the power to convene and preside over the Concilium Plebis ; to summon the senate; to propose legislation; and to intervene on behalf of plebeians in legal matters; but the most significant power was to veto the actions of the consuls and other magistrates, thus protecting the interests of the plebeians as a class. The tribunes of the plebs were sacrosanct, meaning that any assault on their person was punishable by death. In imperial times, the powers of the tribunate were granted to the emperor as a matter of course, and the office itself lost its independence and most of its functions. It was customary for the tribunes to be seated on the tribune benches on the Forum Romanum every day.

Magister equitum

Magister equitum

The magister equitum, in English Master of the Horse or Master of the Cavalry, was a Roman magistrate appointed as lieutenant to a dictator. His nominal function was to serve as commander of the Roman cavalry in time of war, but just as a dictator could be nominated to respond to other crises, so the magister equitum could operate independently of the cavalry; like the dictator, the appointment of a magister equitum served both military and political purposes.

Legacy

The Roman Constitution was one of the few constitutions to exist before the 18th century. Although the constitutions of Sparta and Carthage were drafted and utilised either on paper or by nature much of their existence is only known through secondary sources, and such constitutions are questioned in the book II of Aristotle's Politics. None of the others are as well known to us today, and none of the others governed such a vast empire for so long. Therefore, the Roman Constitution was used as a template, often the only one, when the first constitutions of the modern era were being drafted. Because of this, many modern constitutions have superstructures which are similar, or even identical (such as a separation of powers and checks and balances) to the Roman Constitution.

Source: "Roman Constitution", Wikipedia, Wikimedia Foundation, (2023, January 18th), https://en.wikipedia.org/wiki/Roman_Constitution.

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See also
Notes
  1. ^ Byrd, 161
  2. ^ Abbott, Frank Frost (1963). A History and Descriptions of Roman Political Institutions (3 ed.). New York: Noble Offset Printers Inc. p. 18.
  3. ^ Abbott 1963, p. 14.
References
  • Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics (ISBN 0-543-92749-0).
  • Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office, Senate Document 103-23.
  • Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. London: Edmund Spettigue. Vol. 1.
  • Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press (ISBN 0-19-926108-3).
  • Polybius (1823). The General History of Polybius: Translated from the Greek. By James Hampton. Oxford: Printed by W. Baxter. Fifth Edition, Vol 2.
  • Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press (ISBN 0-472-08125-X).
Further reading
  • Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
  • Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
  • Mommsen, Theodor. Roman Constitutional Law. 1871-1888
  • Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
  • Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.
  • The Histories by Polybius
  • Cambridge Ancient History, Volumes 9–13.
  • A. Cameron, The Later Roman Empire, (Fontana Press, 1993).
  • M. Crawford, The Roman Republic, (Fontana Press, 1978).
  • E. S. Gruen, "The Last Generation of the Roman Republic" (U California Press, 1974)
  • F. Millar, The Emperor in the Roman World, (Duckworth, 1977, 1992).
  • A. Lintott, "The Constitution of the Roman Republic" (Oxford University Press, 1999)

Primary sources

Secondary source material

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