Gavin Howe
The Roman Constitution was an agreed-upon set of principles that guided the procedural governance of the Roman Republic. It was a combination of uncodified norms, customs, and written laws that evolved significantly over the Roman Republic's existence. The constitution played a crucial role in shaping political law, with its influence extending far beyond the boundaries of the Roman Empire. The Roman legal system, including concepts like checks and balances, vetoes, and separation of powers, has formed the basis for the law codes of many countries in continental Europe and has influenced the development of law in most of Western civilization. The Roman Constitution's impact on political law can be seen in its contribution to the rise of Augustus and the transformation of the republic into an autocratic regime, as well as the establishment of assemblies, the Senate, and various legislative processes.
| Characteristics | Values |
|---|---|
| The constitution of the Roman Republic | A set of uncodified norms and customs, along with written laws, that guided the procedural governance of the Roman Republic |
| The Assemblies | Comprised of adult male citizens, they served as the supreme repository of political power with the authority to enact or reject laws, elect magistrates, administer justice, and declare war or peace |
| The Senate | Advised magistrates and had the power to issue decrees, but their influence declined as the emperor's power increased |
| The Emperor | The emperor's proposals became the true instrument of power, and they could issue edicts with legislative force |
| Written Laws | The earliest written laws were the Twelve Tables, enacted around 450 BCE, followed by edicts issued by magistrates, and senatus consulta, or resolutions of the Roman Senate |
| Enforcement | Laws were enforced by the praetor, the second-highest ranking official, who was responsible for administering justice; the Vigiles, a police force, dealt with petty criminals |
| Influence | The Roman legal institutions and concepts like checks and balances, vetoes, and separation of powers have influenced the development of law in Western civilization and parts of the East |
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What You'll Learn
The Assemblies: the supreme repository of political power
The Assemblies, composed of the people, were the supreme repository of political power in the Roman Republic. They were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. The Assemblies were central to the ability of the Roman constitution to adapt, as all policy decisions were dependent on the collaboration of the voting assemblies, the magistrates, and the Roman Senate.
The Assemblies were meetings of the Roman people convened by a magistrate. There were two general kinds of assemblies: a contio, where a crowd was convened to hear speeches or statements from speakers without any further arrangements, and a comitia, where citizens were called and arranged into voting blocks. Citizens voted directly in these blocks, with a majority of the blocks determining the decision of the assembly. There were three kinds of voting blocks – curiae, centuriae, and tribus – giving rise to the curiate, centuriate, and tribal assemblies. In the middle and late republics, only the centuriate and tribal assemblies were politically relevant. The curiate and centuriate assemblies date to the regal period, and their functions in this early period mainly related to the election of the Roman monarch. The Assemblies elected all magistrates during the Roman Republic. They also had the plenary authority to make laws, but only exercised this authority in accordance with procedures buttressed by Roman religious practices.
The first type of assembly was the comitia (or comitiatus), an assembly of all Roman citizens convened to take legal action, such as enacting laws, electing magistrates, and trying judicial cases. The second type of legislative meeting was the council (Latin: concilium), which was a gathering of a specific group of citizens. For example, the concilium plebis, or plebeian council, was for meetings of plebeians only. The third type of gathering, the convention (Latin: contio), was an unofficial forum for communication where citizens gathered to hear public announcements and arguments debated in speeches, as well as to witness the examination or execution of criminals. Here, no legal decisions were made. Voters met in contione to deliberate before meeting in assemblies or councils to vote. These contiones were very common and served as a means for politicians to engage with the public and receive feedback on their proposals.
The Assemblies did not consist of the whole Roman people (Latin: populus Romanus) as only adult male citizens were permitted to participate. Those who actually showed up to form the Assemblies were most likely overwhelmingly members of the upper class with the time and leisure available for politics. Rome had no middle-class shopkeepers: it was divided extremely unequally between the massive underclass and the very few tremendously rich. Until the Social War around 90 BC, Italian non-Romans were prohibited from voting as well due to their broad lack of citizenship with voting rights. That civil war, between Rome and her Italian allies, led to various laws granting citizenship and voting rights to their Italian allies.
The fall of the republic did not mean that the assemblies stopped meeting. However, their importance quickly diminished as the emperor accrued direct legislative power and the senate became the de facto electoral assembly. The assemblies had become entirely obsolete by the third century AD.
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The Senate: an advisory body with influence
The Roman Senate was the highest assembly of ancient Rome and its aristocracy. The word 'senate' comes from the Latin 'senex', meaning 'old man', and the body was indeed composed of the city's most experienced public servants and society's elite. It was an advisory body to Rome's magistrates, acting primarily with influence rather than legal authority.
The Senate's decisions carried great weight, even if they were not always converted into laws. The body's influence was such that it could advise the use of force to defend the republic, usually from internal uprisings. This power, though not challenged as invalid, was heavily debated. The Senate's institutionalised resorts to force set a precedent for resolving disputes between citizens, not by consensus and arbitration, but by the elimination of enemies.
The Senate's powers changed over time. During the Roman Kingdom, it was an advisory council to the king and elected new kings. In the early Republic, the Senate was politically weak, but it grew in power as retired magistrates joined it. The Senate's power increased further after the lex Ovinia, which stated that members should be recruited from the 'best men'. The body's influence continued to grow, and by the 3rd century BCE, there were 300 members, increasing to around 500 senators after the reforms of Sulla in 81 BCE.
The Senate's power began to wane after the transition from the Republic to the Principate, and it lost much of its political influence and prestige following the constitutional reforms of Emperor Diocletian. When the seat of government moved out of Rome, the Senate became a purely municipal body. The Senate continued to exert influence in the imperial period, but to a lesser degree, and it was increasingly manipulated by successive emperors.
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The Magistrates: elected officials who made decisions
The Roman constitution was a set of uncodified norms and customs, along with various written laws, that guided the procedural governance of the Roman Republic. It was not a wholly written constitution, but it was also not entirely unwritten. The constitution was largely based on precedent and custom, evolving over time.
The Roman magistrates were elected officials in ancient Rome. They were each vested with a degree of power, known as "major powers" or "maior potestas". Dictators, in temporary positions during emergencies, had the highest level of power. The Consul, the highest position in non-emergency situations, came next, followed by the Praetor, the Censor, the curule aedile, and finally the quaestor.
The most significant constitutional power a magistrate could hold was that of "Command" or "Imperium", which was held only by consuls and praetors. This gave them the constitutional authority to issue military commands or other types of orders. Praetors also administered civil law, presided over the courts, and commanded provincial armies. The Censor conducted a census and could appoint people to the Senate. Curule aediles were officers elected to manage domestic affairs, with powers over markets, public games, and shows. At the bottom of the ranking were the quaestors, who assisted the consuls and governors with financial tasks.
The magistrates were essential to the functioning of the voting assemblies. The assemblies enacted the laws, and the magistrates administered them. The magistrates also had the power to summon the assemblies and bring issues to be debated before them.
The comitia centuriata, or assembly of the centuries (soldiers), elected magistrates with imperium powers, while the comitia tributa, or assembly of the tribes (citizens of Rome), was presided over by a consul and composed of 35 tribes. The comitia tributa also elected the quaestor.
The plebeian tribunes and plebeian aediles were technically not magistrates since they were elected only by the plebeians, but they acted as a check on the Senate's power, safeguarding the civil liberties of all Roman citizens. They could veto the actions of any ordinary magistrate, and their person was considered sacrosanct.
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The Praetors: officials responsible for administering justice
The Praetors were high-ranking officials responsible for administering justice in ancient Rome. They were judicial officers with broad authority across various domains, including the administration of civil law for both Roman citizens and foreigners. Praetors assumed the role of judges in courts of law and, in the absence of consuls, held extensive authority in the government.
There were two types of praetors with distinct roles within the Roman judicial system: the praetor urbanus and the praetor peregrinus. The praetor urbanus presided over civil cases between citizens, while the praetor peregrinus administered justice among foreigners, ensuring equitable treatment for all parties involved. The praetor urbanus was also the senior magistrate of the city, with the power to summon the Senate and organise the city's defence in the event of an attack. He was given duties appropriate to his position in Rome, such as superintending the Ludi Apollinares. The praetor urbanus also promulgated the Praetor's Edict, which were statements of the praetor's policy regarding judicial decisions to be made during his term. While the praetor had substantial discretion over these edicts, he could not legislate.
The number of praetors varied over time. Initially, there was only one praetor who handled matters of equity between Roman citizens. Later, a second praetor, the praetor peregrinus, was established to handle suits involving foreigners. Over time, more praetors were appointed to govern specific regions, such as Sicily, Sardinia, and Spain.
In addition to their judicial and administrative duties, praetors were also responsible for producing public games, which served as entertainment and an opportunity for political figures to gain public favour. However, by 395 AD, the praetors' responsibilities had diminished to a purely municipal role, with their sole duty being to manage the spending of money on public works and games.
The role of the praetor evolved over time, and their involvement with the military underwent changes. In the early days of the Roman Republic, praetors primarily served judicial functions, but during times of military need, they could lead armies and be assigned military commands. As the Roman Empire expanded, the establishment of new legal positions within the Imperial bureaucracy led to a reduction in the traditional responsibilities of the praetor.
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The Law of the Twelve Tables: the earliest and most important legislation
The constitution of the Roman Republic was a set of uncodified norms and customs, along with various written laws, that guided the procedural governance of the Roman Republic. The Roman Republic emerged from the Roman Kingdom and its constitution evolved significantly over the almost five hundred years of the republic. The constitution can be divided into three main branches: the Assemblies, the Senate, and the Magistrates.
The Assemblies, composed of the people, served as the supreme repository of political power. They had the authority to enact or reject any law, elect magistrates, administer justice, and declare war or peace. The Senate, on the other hand, advised the magistrates and exercised influence, but did not have legal authority. The Magistrates were elected officials who carried out the laws and administered the government.
The Law of the Twelve Tables, enacted in 451–450 BCE, is considered the earliest and most important legislation in Roman history. It was the first written legislation of ancient Roman law and was inscribed on twelve tablets and posted in the Roman Forum. The Twelve Tables were the result of the struggle between the patricians and plebeians, with the plebeians demanding legal rights as court judgments were previously rendered according to unwritten customs known only to a small group of patricians. The laws established basic procedural rights for all Roman citizens and covered a range of topics, including family law, delict (tort, or offence against the law), legal procedure, property damage, inheritances, and debt repayment.
The influence of the Twelve Tables extended beyond ancient Rome and played a significant role in the legal systems of other countries, including the early American legal system. They also contributed to the development of the concept of "common law" or "civil law". The Twelve Tables represented a significant step towards legal transparency and equality in the Roman Republic and continue to be studied for their historical and legal significance.
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Frequently asked questions
The Roman Constitution was an agreed-upon set of principles that guided the procedural governance of the Roman Republic. It was a combination of uncodified norms and customs along with written laws that evolved over the almost five hundred years of the republic.
The Roman Constitution can be divided into three main branches: the Assemblies, the Senate, and the Magistrates. The Assemblies, composed of adult male citizens, served as the supreme repository of political power and had the authority to enact laws, elect magistrates, and make important decisions. The Senate advised the magistrates and exerted influence, while the Magistrates enforced the laws and made judicial decisions.
The Roman Constitution provided a framework for governance and law-making, ensuring stability and continuity in the Roman Republic. It established the principle of the rule of law, with laws being voted on by citizens in the Assemblies or created by the Magistrates. The Constitution also outlined the powers and responsibilities of different branches, creating a system of checks and balances.
The Roman Constitution had limitations, particularly in terms of its unwritten nature and the erosion of its power over time. The norms and customs that comprised a significant portion of the Constitution were open to interpretation and could be manipulated by influential individuals or groups. Additionally, as the Roman Empire transitioned from a republic to an autocracy, the Constitution's influence waned, and the emperor's power became the true instrument of governance.
The Roman Constitution and Roman law have had a lasting impact on legal systems worldwide. Concepts such as checks and balances, vetoes, separation of powers, term limits, and regular elections can be traced back to the Roman Constitution. Additionally, modern constitutional tools such as block voting and contract law have roots in Roman constitutional principles. Roman law also continued to be used in parts of Europe long after the fall of the Roman Empire, influencing the development of legal systems in those regions.
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