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Government of the Roman Republic
Birth of the Roman Republic § At the birth of the Republic the Romans created a political system that was a mix of a: Monarchical, Aristocratic, and Democratic system § The Romans did not want one or even a few men to make all the laws § The Romans decided to balance the power of the government between three branches: § The Executive branch – Consuls and Magistrates § The legislative branch – Senate and Legislative assemblies § The Judicial branch – Councils and courts § This is essentially the way most western democracies are set up today Legislative Branch § Assembly of the Centuries (Comitia Centuriata or "Army Assembly”) § Probably created under king Servius for military purposes § Elected consuls and other higher magistrates § Accepted or rejected legislation made by magistrates and declarations of war; ratified treaties § Assembly of the Tribes (Comitia Tributa) § Open to all Roman citizens and was the democratic assembly of the Roman Republic § It could pass laws on behalf of all the people § Plebeian Council (Concilium Plebis) § Made up of only plebeians § Elected 10 tribunes § Passed plebiscita (plebiscites) which had the force of law The Senate • Under the king, the Senate had only been an advisory committee • Slowly gained more power in the Republic because they: – Became a permanent part of the government – Had experience – Had the dignity of tradition, since it existed from earliest Roman state • Were heads of the leading patrician families in Rome and appointed first by the consuls and later by the censors • Controlled the state’s finances, except in war •
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Gave official advice to magistrates Senatus consultum: resolution of the Senate enacted by head magistrate; had the force of law Senatus auctoritas: resolution of the Senate not enacted by head magistrate; absolved Senate from responsibility if a crises ensued The Plebeian Tribune could veto any proposal passed by Senate, however, the Plebeian Tribune had to be present to enact his veto During an emergency the Senate could authorize the appointment of a dictator After 202 BCE the Senate could respond to emergencies by passing the senatus consultum ultimum which suspended civil government Executive Branch § The most powerful position in the Roman Republic was that of consul and because it was such a powerful position there were always two § Consuls were elected for just one year by the Assembly of the Centuries – initially only patricians could stand for consul but this changed after Plebeian reforms § Each consul had veto (latin; “I forbid”) power over the other – once again ensuring no one man held too much power in the Republic § Consuls supervised the Senate and ordered the Roman army during wars. § Consuls who were poor generals were often disastrous for the Republic – therefore it seemed smart to elect good generals as consuls § Consuls had extensive capacities in peacetime (administrative, legislative and judicial), if a senator supported someone to be consul they could expect favours in return once that person became consul – this led to high levels of corruption in the republic § Other members of the executive branch were the tax collectors, mayors, city police, and other people in positions of power in cities. Judicial Branch • The judicial branch had six judges who were elected every two years. • They were in charge of deciding punishments that criminals would receive. • Their job was similar to the job that judges have today in Canada. • Executive magistrates: Consuls, praetors, censors, aediles, quaestors, tribunes, and dictators. All these positions had influence over law. • Plebeian Council acted as a judicial arm of the Roman Republic. They passed laws and presided over judicial cases. The Early Republic • The government of the early Roman Republic was set up to keep power in the hands of the Patricians • Over time reforms were needed to keep the Plebeians content – they would often strike when they were not content, bringing Rome to a grinding halt as they made up the labour force •
Eventually this would lead to “The Struggle of Orders” which lasted from about 494 – 287 BCE The Struggle of the Orders • Patricians – Old Latin noble families claimed extra privileges because of their traditional religious roles • Led to the “Struggle of the Orders” early in the republic • Patricians versus Plebeians: not just rich versus poor – Wealthy plebeians wanted social, religious, and political equality – “Middle class” plebeians were the backbone of the army – Poor plebeians needed relief from debt, particularly the practice of debt slavery • Plebeian Advances – Plebeian tribunate established by 471 BCE • Tribunes could veto laws and the actions of Magistrates – Gradually gain right to be elected to all magistracies, join all religious colleges • 287 BCE lex Hortensia – Plebiscites binding, equivalent to leges (laws) • Tribunes gain power to legislate The Twelve Tables • A major constitutional achievement of the early Roman Republic was the establishment of the Twelve Tables – laws written down on twelve tablets that would apply to all Roman citizens • The laws covered civic matters, crimes, and the relations among citizens and family members • Most importantly the laws confirmed the right of all free citizens to the protection of the law