Constitution of the Roman Republic

• The Constitution of the Roman Republic was based on the Twelve Tables, as ratified by Roman Senate in 449 BCE.
• Prior to this, the Constitution had been unwritten and so had no Codes. New Acts and Edicts were formulated on the basis of Precedent, meaning the previous Judgements of the Courts.

The Twelve Tables

• The Laws were written on twelve ivory tablets which were displayed in the Forum Romanum for all to see.

Checks and Balances

• It was designed with a system of checks and balances, to prevent all the Powers of the State being held by one or more individuals.
• It was neither a Monarchy (Sparta with two Kings), an Oligarchy (the Greek City States) nor a Democracy (Athens), but united all three into one basic System.

The Three Branches of Roman Government

• Under the Roman Republic, Roman Government was divided into three Branches:
  1. The Legislature
  2. The Judiciary (although these two branches were mixed)
  3. The Executive

1. The Legislature: (Makes the Laws)
   • The Roman Senate mostly Patricians who advised the Leaders and proposed and reviewed Legislation.
   • The Three Popular Assemblies the Plebeian Councils each representing slightly different elements of the Population. The Comitia Curiata, the Comitia Centuriata, and the Comitia Tributa. They presented and Ratified Legislation. Every Roman male Citizen was entitled to Vote for the Popular Assemblies.
2. The Judiciary: (Interprets the Laws)
   • Eight Judges called Praetors supervised the Courts and the Provinces
3. The Executive: (Enforces the Laws)
   • Two Chief Magistrates called Consuls, governed the Republic, and in a National Emergency they could elect a Dictator.
   • Consulship was opened to the Plebeians after 367 BCE, which also opened to them the positions of Censor and Dictator.

The concept of Imperium

• This was an essential concept in Roman Law. It was the ‘Power to Command’ both Military and Civil, and normally exercised by the Consuls and the Praetors.