Roman Constitution
Encyclopedia
The Roman Constitution was an uncodified set of guidelines and principles passed down mainly through precedent. The Roman constitution was not formal or even official, largely unwritten and constantly evolving. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances, the separation of powers
, veto
es, filibuster
s, quorum requirements
, term limits, impeachment
s, 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 573 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 given way to the Constitution of the Roman Empire
. By 300 AD, the Constitution of the Roman Empire had given way to 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.
in 510 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.
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. The last king of Rome
, the tyrant Tarquin 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. In addition, 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 tribune
s 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. By the late principate
, the senate's power had declined into near-irrelevance. It never again regained the power that it had held before that point.
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.
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 referenda.
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, the Roman assemblies also had judicial functions.
After the founding of the empire, the powers of the assemblies were transferred to the 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.
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 principle 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 curule 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
. The fasces, which consisted of a rod with an embedded axe, were symbols of the coercive power of the state. Quaestors were not curule magistrates, 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. The tribunes were assisted by plebeian aediles.
In an emergency, a dictator would be appointed. A newly appointed dictator would usually select a deputy, known as the "Magister Equitum" ("Master of the Horse"). Both the dictator and his master of the horse 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. During emergencies, the senate would pass the senatus consultum ultimum ("ultimate decree of the senate"). This 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 fall of the republic, the old magistracies (dictators, consuls, praetors, censors, aediles, quaestors and tribunes) were either outright abandoned, or simply lost all powers. The emperor became the master of the state. The founding of the empire was tantamount to a restoration of the old monarchy. The chief executive became the unchallenged power in the state, the senate became a powerless advisory council, and the assemblies became irrelevant..
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
es, filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
s, quorum requirements
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
, term limits, impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
s, the powers of the purse
Power of the purse
The power of the purse is the ability of one group to manipulate and 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 to save their money and positively or negatively The power of the purse is the ability...
, and regularly scheduled elections. Even some lesser used modern constitutional concepts, such as the bloc voting found in the electoral college
Electoral college
An electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, originate from ideas found in the Roman constitution.
Over the years, the Roman constitution continuously evolved. By 573 BC, the 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 around the king, who had the power to appoint assistants, and delegate to them their...
had given way to the Constitution of the Roman Republic
Constitution of the Roman Republic
The Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through precedent. The constitution was largely unwritten, uncodified, and constantly evolving...
. By 27 BC, the Constitution of the Roman Republic had given way to the 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...
. By 300 AD, the Constitution of the Roman Empire had given way to the 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. The constitution of the Roman Principate , which was established by the emperor Augustus in the 1st century BC, had governed the "Roman Empire" for three centuries...
. The actual changes, however, were quite gradual. Together, these four constitutions formed four epochs in the continuous evolution of one master constitution.
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 KingdomRoman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....
in 510 BC, the fall of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
in 27 BC, and the fall of the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
in 476 AD. It was, in contrast to many modern institutions named 'Senate', not a legislative body.
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. The last king of Rome
King of Rome
The King of Rome was the chief magistrate 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...
, the tyrant Tarquin Superbus
Tarquin
Tarquin may refer to:* Tarquin , a chamber operaPeople with the given name Tarquin:* Tarquin the Elder , fifth of the seven legendary kings of Rome* Tarquin the Proud , last of the seven legendary kings of Rome...
, was overthrown following a coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
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. In addition, 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 tribune
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
s Tiberius and Gaius Gracchus
Gracchi
The Gracchi brothers, Tiberius and Gaius, were Roman Plebian nobiles who both served as tribunes in 2nd century BC. They attempted to pass land reform legislation that would redistribute the major patrician landholdings among the plebeians. For this legislation and their membership in the...
. 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. By the late principate
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
, the senate's power had declined into near-irrelevance. It never again regained the power that it had held before that point.
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
Western Roman Empire
The Western Roman Empire was the western half of the Roman Empire after its division by Diocletian in 285; the other half of the Roman Empire was the Eastern Roman Empire, commonly referred to today as the Byzantine Empire....
, 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.
Legislative Assemblies
The first Roman assembly, the Comitia Curiata, was founded during the early kingdom. Its only political role was to elect new kings. Sometimes, the king would submit his decrees to it for ratification. During the early 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 Tributa became the predominant 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
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
. In contrast, the assemblies of the Roman Republic used a form of direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure 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 referenda.
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
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...
) 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, the Roman assemblies also had judicial functions.
After the founding of the empire, the powers of the assemblies were transferred to the 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.
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
Constitution of the Roman Republic
The Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through precedent. The constitution was largely unwritten, uncodified, and constantly evolving...
, 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 principle 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
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
(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 curule aediles, were regarded as "curule magistrates". They would sit on a curule chair
Curule chair
In the Roman Republic, and later the Empire, the curule seat was the chair upon which senior magistrates or promagistrates owning imperium were entitled to sit, including dictators, masters of the horse, consuls, praetors, censors, and the curule aediles...
, which was a symbol of state power. Consuls and praetors where attended by bodyguards called lictors. The lictors would carry fasces
Fasces
Fasces are a bundle of wooden sticks with an axe blade emerging from the center, which is an image that traditionally symbolizes summary power and jurisdiction, and/or "strength through unity"...
. The fasces, which consisted of a rod with an embedded axe, were symbols of the coercive power of the state. Quaestors were not curule magistrates, 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. The tribunes were assisted by plebeian aediles.
In an emergency, a dictator would be appointed. A newly appointed dictator would usually select a deputy, known as the "Magister Equitum" ("Master of the Horse"). Both the dictator and his master of the horse 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. During emergencies, the senate would pass the senatus consultum ultimum ("ultimate decree of the senate"). This 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 fall of the republic, the old magistracies (dictators, consuls, praetors, censors, aediles, quaestors and tribunes) were either outright abandoned, or simply lost all powers. The emperor became the master of the state. The founding of the empire was tantamount to a restoration of the old monarchy. The chief executive became the unchallenged power in the state, the senate became a powerless advisory council, and the assemblies became irrelevant..
The legacy of the Roman constitution
The Roman constitution was one of the few constitutions to exist before the 18th century. 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. And because of this, many modern constitutions share a similar, even identical, superstructure (such as a separation of powers and checks and balances) as did the Roman constitution.See also
Primary sources
- Cicero's De Re Publica, Book Two
- Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius