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The Roman Republic was the phase of the ancient Roman civilization characterized by a republican form of government. The republican period began with the overthrow of the Monarchy c. 509 BC and lasted over 450 years until its subversion, through a series of civil wars, into the Principate form of government and the Imperial period.
The Roman Republic was governed by a complex constitution, which centered on the principles of a separation of powers and checks and balances. The evolution of the constitution was heavily influenced by the struggle between the aristocracy and the average Roman. Early in its history, the republic was controlled by an aristocracy of individuals who could trace their ancestry back to the founding of the republic. Over time, the laws that allowed these individuals to dominate the government were repealed, and the result was the emergence of a new aristocracy which depended on the structure of society, rather than the law, to maintain its dominance. Thus, only a revolution could overthrow this new aristocracy.
Rome also saw its territory expand during this period, from central Italy to the entire Mediterranean world. During the first two centuries, Rome expanded to the point of dominating Italy. During the next century, Rome grew to dominate North Africa, Spain, Greece, and what is now southern France. During the last two centuries of the Roman Republic, Rome grew to dominate the rest of modern France, as well as much of the east. By this point, however, its republican political machinery was finally crushed under the weight of imperialism.
The precise event which signaled the transition of the Roman Republic into the Roman Empire is a matter of interpretation. Historians have variously proposed the appointment of Julius Caesar as perpetual dictator (44 BC), the Battle of Actium (2 September 31 BC), and the Roman Senate's grant of Octavian's extraordinary powers under the first settlement (January 16, 27 BC), as candidates for the defining pivotal event.
[ The Constitution of the Roman Republic
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| Roman Kingdom 753 BC – 509 BC Roman Republic |
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| Constitution of the Kingdom Constitution of the Republic |
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Much of what is known about the Constitution of the Roman Republic comes to us from the Greek historian Polybius. According to Polybius, the senate was the predominate branch of government. Polybius noted that it was the consuls who lead the armies and the civil government in Rome[2], and it was the legislative 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.[3][4]
[ The Senate
The senate's ultimate authority (auctoritas) derived from the esteem and prestige of the senate.[5] This esteem and prestige was based on both precedent and custom (mos maiorum, or "customs of the ancestors"), as well as the high caliber and prestige of the senators.[6] The senate passed decrees, which were called senatus consultum. This was officially "advice" from the senate to a magistrate. In practice, however, these were usually obeyed by the magistrates.[7] The focus of the Roman senate was directed towards foreign policy.[3] While its role in military conflict was officially advisory, the senate was ultimately the force that oversaw those conflicts. The relationship was effectively one of agency, rather than independence. The consuls would have formal command over the armies. However, the consular command of those armies was directed by the senate. The senate managed the civil administration in the city. For example, only the senate could authorize the appropriation of public monies from the treasury.[3] In addition, the senate would try individuals accused of political crimes (such as treason).[3]
[ Legislative Assemblies
According to Polybius, it was the People of Rome (and thus the assemblies) who had the final say regarding the election of magistrates[8], the enactment of new laws[9], the carrying out of capital punishment[8], the declaration of war and peace, and the creation (or dissolution) of alliances[8]. Under the Constitution of the Roman Republic, the people (and thus the assemblies) held the ultimate source of sovereignty.[10] There were two types of legislative assemblies. The first was the comitia ("committee"). [11] Comitia were assemblies of all citizens (populus Romanus, or "People of Rome").[12] The second type of assembly was the concilium ("council"). Concilium were forums where specific groups of people would meet for an official purpose (such as to enact a law).[12]
[ Assembly of the Centuries
Citizens were organized on the basis of centuries and tribes (for civil purposes). The Comitia Centuriata ("Century Assembly") was the assembly of the centuries (centuriae). The president of the Comitia Centuriata was usually a consul[2]. The 193 centuries[13] in the Comitia Centuriata were divided into three different grades. These were the equites, pedites and unarmed adjuncts.[14][13] The pedites were divided amongst five classes. The centuries in each class would vote, one at a time by seniority, until the entire class had voted. When a measure received a majority of the vote, the voting would end. The Comitia Centuriata would elect magistrates who had imperium powers (consuls and praetors). It also elected censors. Only the Comitia Centuriata could declare offensive war.[15] The Comitia Centuriata could also pass a law that would grant imperium to consuls and praetors, and censorial powers to censors.[15] The Comitia Centuriata also served as the highest court of appeal in certain judicial cases.[16] In addition, it was this assembly that ratified the results of a census.[17]
[ Assembly of the Tribes
During the years of the Roman Republic, the tribes would gather into two different assemblies. These two assemblies were the Concilium Plebis (the "Plebeian Council") and the Comitia Tributa (the "Tribal Assembly"). In effect, the Concilium Plebis was an "Assembly of the Plebeian Tribes", while the Comitia Tributa was an "Assembly of the Patricio-Plebeian Tribes".[18] The only difference between the two assemblies was that patricians could not vote in the Plebeian Tribal Assembly (i.e. the Concilium Plebis or "Plebeian Council"). Since patricians were excluded, the Plebeian Tribal Assembly did not constitute the entire populus Romanus ("People of Rome"). The Plebeian Tribal Assembly elected their own officers (plebeian tribunes and plebeian aediles). The Comitia Tributa (Patricio-Plebeian Tribal Assembly), in contrast, was presided over by a consul[2]. Other than the fact that the Concilium Plebis (Plebeian Tribal Assembly) excluded patricians, and thus was presided over by a plebeian officer, it was identical to the Comitia Tributa (Patricio-Plebeian Tribal Assembly).
The two tribal assemblies were composed of thirty-five blocks known as "tribes". The tribes were not ethnic or kinship groups. Tribal divisions were geographical.[19] The order that the thirty-five tribes would vote in was selected randomly by lot.[20] Once a majority of tribes had voted the same way, voting would end. Most laws were passed by the Plebeian Tribal Assembly (the Concilium Plebis). While the Comitia Tributa did not pass many laws, it did elect quaestors, curule aediles, and military tribunes.[21].
[ Executive Magistrates
Each magistratus was vested with a degree of maior potestas ("major powers").[22] Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of maior potestas. Thus, no magistrate could veto an act of the senate or assemblies (since neither institution possessed any maior potestas). Since plebeian tribunes and plebeian aediles were technically not magistrates,[23] they were outside of the maior potestas standard. In general, this made them independent of the other magistrates.[2][22] Tribunes relied on the sacrosanctity of their person to obstruct. If a magistrate, an assembly or the senate did not comply with the orders of a tribune, the tribune could 'interpose the sacrosanctity of his person' [24] (intercessio) to physically stop that particular action. Any resistance against the tribune would be tantamount to a violation of his sacrosanctity, and thus would be considered a capital offense.
Any magistrate could obstruct ("veto") an action that was being taken by a magistrate with an equal or lower degree of maior potestas. If this obstruction occurred between two magistrates with equal maior potestas (such as two praetors), then it would be called par potestas.[25] To prevent this, magistrates used a principle of alteration, assigned responsibilities by lot or seniority, or gave certain magistrates control over certain functions.[26] If this obstruction occurred against a magistrate with a lower degree of maior potestas it would be called intercessio.[25] In this case, the higher ranking magistrate would interpose his higher maior potestas.
[ Magisterial powers, and checks on those powers
Each republican magistrate held certain constitutional powers (potestas). Only the People of Rome (both plebeians and patricians) had the right to confer potestas on any individual magistrate.[27] The most powerful form of potestas was imperium. Imperium was held by both consuls and praetors. Imperium gave a magistrate the authority to command a military force. All magistrates had the power of coercitio (coercion). Coercitio was used by magistrates to maintain public order.[28] While in Rome, all citizens had an absolute protection against coercitio. This protection was called provocatio (see below). Magistrates also had both the power and the duty to look for omens (auspicia). The auspices would often be used to obstruct (obnuntiatio) political opponents.
One check over a magistrate's power was collega (collegiality). Each magisterial office would be held concurrently by at least two people. Another check over the power of a magistrate was provocatio. Provocatio was a primordial form of due process. It was a precursor to our own habeas corpus. If any magistrate was attempting to use the powers of the state against a citizen, that citizen could appeal the decision of the magistrate to a tribune.[29] An additional check over a magistrate's power was that of provincia. Provinicia required a division of responsibilities.[30] In addition, once a magistrate's annual term in office expired, he would have to wait ten years before serving in that office again. Since this did create problems for some magistrates, these magistrates would occasionally have their imperium "prorogued" (prorogare). In effect, they would retain the powers of the office (as a promagistrate), without officially holding that office.[31]
[ Consuls, praetors, censors, aediles, quaestors, tribunes, and dictators
The consul of the Roman Republic was the highest ranking ordinary magistrate[2][32]. Throughout the year, one consul would be superior in rank to the other consul. To prevent par potestas, this ranking would flip every month, between the two consuls.[33] Consuls had supreme power in both civil and military matters. While in the city of Rome, the superior consul for the month was the head of the Roman government.[2] The management of the government would be under the ultimate authority of that consul. He would also preside over the senate, the Comitia Centuriata, and the Comitia Tributa.[2][34] While abroad, each consul would command an army.[2][34] His authority would be nearly absolute.[2]
Praetors would administer civil law[35] and command provincial armies. Every five years, two censors would be elected for an eighteen month term. During their term in office, the two censors would conduct a census. During the census, they could enroll citizens in the senate, or purge them from the senate.[36] Aediles were officers elected to conduct domestic affairs in Rome. Aediles had wide ranging powers over day-to-day affairs inside the city of Rome.[37]. The quaestors would usually assist the consuls in Rome, and the governors in the provinces. Their duties were often financial. Since the tribunes were considered to be the embodiment of the plebeians, they were sacrosanct[38]. Their sacrosanctity was enforced by a pledge, taken by the plebeians, to kill any person who harmed or interfered with a tribune during his term of office. All of the powers of the tribune derived from their sacrosanctity. One obvious consequence of this sacrosanctity was the fact that it was considered a capital offense to harm a tribune, to disregard his veto, or to interfere with a tribune[38]. In times of military emergency, a dictator would be appointed for a term of six months[39]. Constitutional government would dissolve, and the dictator would become the absolute master of the state.[40] When the dictator's term ended, constitutional government would be restored.
[ Political history of the Roman Republic
The constitutional history of the Roman Republic can be divided into five phases. The first phase began with the revolution which overthrew the monarchy in 510 BC. The final phase ended with the revolution which overthrew the Roman Republic, and thus created the Roman Empire, in 27 BC. Throughout the history of the republic, the constitutional evolution was driven by the struggle between the aristocracy and the ordinary citizens.
[ The patrician era (509-367 BC)
According to legend, the last king was overthrown in 510 BC. While this story is nothing more than a legend which later Romans created in order to explain their past, it is likely that Rome had been ruled by a series of kings.[41] The historical monarchy, as the legends suggest, was probably overthrown quickly. The constitutional changes which occurred immediately after the revolution were probably not as extensive as the legends suggest. The most important constitutional change probably concerned the chief executive. Before the revolution, a king (rex) would be elected by the senators (patres or "fathers") for a life term. Now, two consuls were elected by the citizens for an annual term.[41] Each consul would check his colleague, and their limited term in office would open them up to prosecution if they abused the powers of their office. His political powers, when exercised conjointly with his colleague, were no different from those of the old king.[42] In the immediate aftermath of the revolution, the senate and the assemblies were as powerless as they had been under the monarchy.
In the year 494 BC, the city was at war with two neighboring tribes.[43] The plebeian soldiers refused to march against the enemy, and instead seceded (secessio) to the Aventine hill. The plebeians demanded the right to elect their own officials. The patricians agreed, and the plebeians returned to the battlefield.[43] The plebeians would call these new officials "plebeian tribunes". The tribunes would have two assistants, called "plebeian aediles". In 367 BC, the tribunes C. Licinius Stolo and L. Sextius passed a law called the lex Satura.[44] This law required the election of at least one plebeian consul each year. In 443 BC, the censorship was created[45], and in 366 BC, the praetorship was created. Also in 366 BC, the curule aedileship was created.[45] Shortly after the founding of the republic, the Comitia Centuriata became the principle legislative assembly. In the Comitia Centuriata, magistrates were elected, and laws were passed. During the fourth century BC, a series of reforms were passed. The result of these reforms was that any law passed by the Concilium Plebis (the Plebeian Tribal Assembly) would have the full force of law. This gave the tribunes (who presided over the Concilium Plebis) a positive character for the first time. Before these laws were passed, tribunes could only interpose the sacrosanctity of their person (intercessio) to veto acts of the senate, assemblies or magistrates.
[ The Conflict of the Orders (367-287 BC)
After the plebeian aedileship had been created, the patricians created the curule aedileship.[46] At first the curule aedileship was only open to patricians, but the office was eventually opened to plebeians. After the consulship had been opened to the plebeians, the plebeians acquired a de facto right to hold both the dictatorship and the censorship (since only former consuls could hold either office). In 337 BC, the first plebeian praetor was elected.[47] In 342 BC, two significant laws were passed. One of these two laws made it illegal to hold more than one office at any given point in time. The other law required an interval of ten years to pass before any magistrate could seek reelection to any office.[48] During these years, the tribunes and the senators grew increasingly close.[49] The senate realized the need to use plebeian officials to accomplish desired goals.[49] To win over the tribunes, the senators gave the tribunes a great deal of power. Ultimately, the tribunes began to feel obligated to the senate. As the tribunes and the senators grew closer, plebeian senators were often able to secure the tribunate for members of their own families.[50] In time, the tribunate would become a stepping stone to higher office.[50]
Around the middle of the fourth century BC, the Concilium Plebis enacted the plebiscitum Ovinium.[51] During the early republic, the consuls would appoint new senators. The Ovinian law, however, gave this power to the censors. It also required the censor to appoint any newly-elected magistrate to the senate.[51] By this point, plebeians were already holding a significant number of magisterial offices. Thus, the number of plebeian senators probably increased quickly.[52] Under the new system, magistrates would be awarded with automatic membership in the senate. However, it remained difficult even for a plebeian to enter thee senate, if he wasn't from a political family.Source: this wikipedia article, under GFDL.
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