Roman Government

Political Structure The Roman Republic was organised much like our modern political system. Since the Romans did not want one man to make all of the laws, they 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

A Roman Constitution The constitution was largely unwritten, uncodified, and constantly evolving. Rather than creating a government that was primarily a democracy, an aristocracy, or a monarchy, the Roman constitution mixed these three elements, thus creating three separate branches of government. The democratic element took the form of the legislative assemblies, the aristocratic element took the form of the Senate, and the monarchical element took the form of the many term-limited consuls.

Executive Branch The two leaders of the executive branch, the consuls, were elected for just one year by the patrician class. They supervised the Senate and ordered the Roman army during wars. Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month. Consuls had extensive capacities in peacetime (administrative, legislative and judicial), and in wartime often held the highest military command. Other members of the executive branch were the tax collectors, mayors, city police, and other people in positions of power in cities.

Legislative Branch Assembly of the Curia – (comitia curiata) was the principal assembly during the first two decades of the Roman Republic. The Curiate Assembly was organized as an Assembly, and not as a Council even though only patricians were members. Assembly of the Centuries – (comitia centuriata or "Army Assembly") of the Roman Republic was the democratic assembly of the Roman soldiers. The Century Assembly was organized as an Assembly, as every Roman citizen with the required wealth could vote, regardless of class. Assembly of the Tribes – (comitia tributa) of the Roman Republic was the democratic assembly of Roman citizens. The Tribal Assembly was organized as an Assembly, and not as a Council. Plebeian Council – (concilium plebis) was the principal popular gathering of the Roman Republic. As the name suggests, the Plebeian Council was organized as a Council, and not as an Assembly. It functioned as a gathering through which the Plebeians (commoners) could pass laws, elect magistrates, and try judicial cases.

The most powerful part of the legislative branch was the Senate…

The Senate continued... The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic appointment to the Senate. Any motion that had the support of the Senate but was vetoed was recorded in the annals as a senatus auctoritas, while any motion that was passed and not vetoed was recorded as a senatus consultum. The Plebeian Tribune could veto any proposal passed by the Senate. However, the Plebeian Tribune had to be present to enact his veto. The Senate passed money bills and control what money would be spent on.

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 Australia. 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 Greek historian Polybius (c. 205-c. 123 B. C The Greek historian Polybius (c.205-c.123 B.C.) admired the Roman system and in his Histories remarked that: . . . the elements by which the Roman constitution was controlled were three in number, . . . and all the aspects of the administration were, taken separately, so fairly and so suitably ordered and regulated through the agency of these three elements that it was impossible even for the Romans themselves to declare with certainty whether the whole system was an aristocracy, a democracy or a monarchy. In fact it was quite natural that this should be so, for if we were to fix our eyes only upon the power of the consuls, the constitution might give the impression of being completely monarchical and royal; if we confined our attention to the Senate it would seem to be aristocratic; and if we looked at the power of the people it would appear to be a clear example of a democracy.

Important time for Plebeians: The Struggle of the Orders 494 BC -  the plebeians threatened to leave Rome and set up their own independent state (concilium plebis). 450 BC - the plebeians had won another important concession - the LAWS OF THE TWELVE TABLES, codes specifying civic matters, crimes and the relations among citizens and family members. 445 BC, the plebeians also won the right to inter-marry with the patricians (the Lex Canuleia). 367 B.C., the tribunes Gaius Licinius and Lucius Sextus passed the Licinian-Sextian laws which specified (1) that one consul every year must be a plebeian, (2) that the office of praetor should serve as assistant consul and (3) and that there should be a law restricting the amount of land held by any citizen. 287 B.C., a law was passed that made the decisions of the Assembly of Tribes binding on the whole state without action by any other body (the Lex Hortensia).

Questions Make a list of the strengths and weaknesses of the Roman Republic. Why do you think the Plebeians were able to gain considerable power during the Struggle of the Orders? What are some examples of the checks and balances of the Roman Republic? Why did these checks and balances exist?