Kara Sears
The Roman Constitution was an agreed-upon set of principles that guided the Roman government. It was not written down in one place but was established through tradition and individual laws. The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law). The first legal text of Roman law is the Law of the Twelve Tables, dating from the mid-fifth century BC. Many aspects of Roman law and the Roman Constitution are still used today, including concepts like checks and balances, vetoes, separation of powers, term limits, and regular elections.
| Characteristics | Values |
|---|---|
| Type of Law | Ius commune ("common law"), Ius publicum ("public law"), Ius privatum ("private law"), Ius civile ("citizen law"), Ius gentium ("law of peoples"), Ius naturale ("natural law"), Ius scriptum ("written law"), Ius singulare |
| Law-making bodies | Assemblies, Senate, Magistrates, Plebeian Council, Emperor |
| Law Enforcement | Praetor, Vigiles, Praetorian Guard, Urban Cohorts |
| Voting | Voting blocs, secret ballots, written ballots |
| Constitution | Unwritten, oral tradition (mos maiorum), flexible, established institutions and offices, formalised rights of citizens, and processed laws |
| Concepts | Checks and balances, separation of powers, vetoes, filibusters, quorum requirements, term limits, impeachments, powers of the purse, regularly scheduled elections, block voting |
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What You'll Learn
The Roman Constitution was an oral tradition
The Roman Constitution was formed through the interpretation and implementation of historical precedents by the different branches of the Roman government, including the consuls, magistrates, legislative assemblies, and senators. It guided the procedural governance of the Roman Republic and helped establish institutions and offices, formalize the rights of citizens, and process laws.
The Roman Republic's constitution was divided into three main branches: the Assemblies, the Senate, and the consuls. 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. The Senate, on the other hand, was filled with the most prestigious and knowledgeable men in Rome, who advised the magistrates on legal matters and passed a Senatus consultum (expressed opinions) on the king's laws and actions. The consuls, meanwhile, formed the executive branch of the government.
While the Roman Constitution was primarily oral, there were various written laws that were part of it. The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law). Written laws included leges, or enactments of the assemblies of the Roman people, and plebiscita, resolutions of the Plebeian Council that became binding on all citizens after the Lex Hortensia in 287 BCE. The Law of the Twelve Tables, inscribed on stone tablets in 450 BCE, was also a significant part of Roman law, though little is known of its actual content.
The Roman Constitution and its concepts, such as checks and balances, separation of powers, and regular elections, have had a lasting influence on modern democratic governments and their constitutions.
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The Law of the Twelve Tables was the first legal text
The original text of the Twelve Tables has been lost, but random quotations and fragments have been preserved in the works of ancient authors such as Cicero, Livy, Dionysius of Halicarnassus, Diodorus Siculus, and Sextus Pomponius. The first known publications of the text were prepared by early Roman jurists such as Sextus Aelius Paetus Catus and Lucius Acilius Sapiens. Later, in the Late Middle Ages, scholars began attempting to reconstruct the full text of the Twelve Tables based on these fragments. The most important modern reconstruction was published by German legal historian Heinrich Eduard Dirksen in 1824, building on the work of earlier scholars such as Aymar du Rivail, Alessandro d'Alessandro, Johannes Tacuinus, and Jacques Godefroy.
The Twelve Tables were not a reform of old customs but rather a new code of laws that enabled plebeians to become acquainted with the law and protect themselves against patricians' abuses of power. They provided social protection and civil rights for both patricians and plebeians, easing civil tension and violence between the two groups. The laws covered a range of topics, including debt payment and settlement, inheritance, and property damage. For example, one law stated that if a tree from a neighbor's farm fell onto one's farm due to the wind, one could take legal action for its removal. Another law stated that if there was no direct heir to a person's estate, the nearest male agnate would inherit it.
The Twelve Tables heavily influenced later Roman law texts, such as The Digest of Justinian I, which includes laws derived from the Twelve Tables, such as legal recompense for damage caused by an animal and protocol for inheritances. The concepts enshrined in the Twelve Tables, such as checks and balances, vetoes, separation of powers, and regular elections, also influenced the development of law in most of Western civilization and parts of the East. They continue to be studied by law school students worldwide as a foundation for understanding the current legal system.
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Roman law was divided into written and unwritten law
The Romans divided their law into ius scriptum (written law) and ius non scriptum (unwritten law). By “unwritten law”, they referred to customs and practices that had become binding over time. "Written law", on the other hand, referred to laws derived from legislation and other written sources.
The first type of written law was the leges (singular lex), or enactments of the assemblies of the whole Roman people. Although the plebeians, or common people, had their own council, only the wealthier patrician class had resolutions that were binding on all citizens. This changed with the Lex Hortensia in 287 BCE, after which the plebeians' resolutions, or plebiscita, became binding on all classes of citizens and were generally termed leges.
A second type of written law was the edicta, or edicts, which were proclamations issued by a superior magistrate (praetor) on judicial matters. The edicts remained a source of law until about 131 CE, when the emperor Hadrian declared them unalterable except by himself.
A third type of written law was the senatus consulta, or resolutions of the Roman senate. Although these had no legislative force during the republic, they could be given force by the edicts of magistrates. In the early empire, as the power of the assemblies declined, the senatus consulta became resolutions that endorsed the proposals of the emperor.
The last type of written law was the responsa prudentium, or answers to legal questions given by learned lawyers. Although law, written and unwritten, was originally a secretive monopoly of the priests, a class of legal advisers had developed by the early 3rd century BCE. These advisers interpreted statutes and points of law, especially unwritten law, and advised the praetor on the content of his edict. Augustus empowered certain jurists to give responsa with the emperor’s authority, increasing their prestige.
The Romans generally did not send people to prison for crimes, but they did have jails to hold people while their guilt or punishment was determined. The Romans had three branches of government: the legislative assemblies, the senate, and the consuls. Roman women had limited rights as citizens and could not vote or hold public office, but they could own property and businesses. Many aspects of Roman law and the Roman Constitution are still used today, including concepts like checks and balances, vetoes, separation of powers, term limits, and regular elections.
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Roman law included ius commune (common law) and ius publicum (public law)
Roman law, the legal system of ancient Rome, has influenced the development of law in most Western civilisations and parts of the East. It forms the basis for the law codes of most countries in continental Europe and derivative systems elsewhere. Many aspects of Roman law and the Roman Constitution are still used today, including concepts like checks and balances, vetoes, separation of powers, term limits, and regular elections.
The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law). The first type of written law consisted of leges (enactments of the assemblies of the whole Roman people). The second type of written law was edicta (edicts), or proclamations issued by a superior magistrate (praetor) on judicial matters. The third type of written law was responsa prudentium, or answers to legal questions given by learned lawyers.
The Romans also had various types of unwritten law, including custom and interpretations of statutes and points of law by legal advisers. The Romans further divided their law into ius commune ("common law") and ius publicum ("public law"). Ius commune was the general, ordinary law that applied to all people, as opposed to ius singulare, or special law for certain groups of people, things, or legal relations. Ius publicum was the law that protected the interests of the Roman state and included criminal law and criminal procedure. It directly concerned the constitution of the state and the functions of the government and administration.
The practical application of Roman law ended when national codifications were made in the 18th and 19th centuries, which explicitly removed the direct applicability of Roman and canon law in most countries. However, the influence of Roman law can still be seen in the legal systems of some countries today, such as South Africa and San Marino.
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The Roman Republic's constitution was a set of uncodified norms and customs
The Roman legal system has had a significant influence on the development of law in most Western countries and parts of the East. The Roman Republic's constitution, or "mos maiorum" ("custom of the ancestors"), was a set of uncodified norms and customs that guided the procedural governance of the Roman Republic. This constitution was not a single written document but rather an oral tradition passed down through precedent and constantly evolving. It was flexible, allowing it to change and reflect society's progression.
The constitution was founded on three main branches: the Assemblies, the Senate, and the magistrates. The Assemblies, composed of the people, were the supreme repository of political power. They had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. The Senate, on the other hand, was a council of prestigious and knowledgeable men who advised the magistrates on legal matters and acted with influence rather than direct legal authority. The magistrates, in turn, presented and passed laws and governed the state with the Senate's advice. Together, these three branches created a balance of power within the republican system, with each element serving a distinct role.
While the Roman Constitution was primarily an oral tradition, there were also various written laws that complemented it. The Romans divided their law into "jus scriptum" (written law) and "jus non scriptum" (unwritten law). Written law included leges, or enactments of the assemblies of the Roman people, and plebiscita, resolutions of the Plebeian Council that became binding on all citizens after the Lex Hortensia in 287 BCE. The earliest written laws were the Law of the Twelve Tables, enacted in 451–450 BCE, which were inscribed on stone tablets to ensure public accessibility and prevent arbitrary application by magistrates.
The Romans also had edicts, or proclamations issued by a superior magistrate (praetor) on judicial matters, and responsa prudentium, answers to legal questions given by learned lawyers. These various types of written law complemented the unwritten customs and traditions of the Roman Republic's constitution, contributing to the overall governance of the Roman Republic.
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Frequently asked questions
The Roman Constitution was an agreed-upon set of principles that was followed by the Roman government. It was not written down in one place but was established through tradition and individual laws.
The Roman Constitution was based on three elements: the Senate, magistrates, and assemblies. These elements worked together to create a balance of power within the republican system, creating checks and balances.
The Law of the Twelve Tables was the first legal text of Roman law, dating from the mid-fifth century BC. It was written on stone tablets for everyone to see, following a revolt against unwritten laws that allowed public officials to act with corruption and impunity.
