Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
A veto to be valuable should imply some knowledge of the business vetoed;
and thus we are not surprised to find that, except in the case of the
tribune, the _intercessio_ was generally confined within the limits
of colleagueship. Thus the dictator possessed it against the consul,
the consul against the praetor; although it is not improbable that the
consul could veto the acts of the aedile and quaestor who were not his
colleagues.[762]
The tribune, outside the bounds of his own college, could employ
the intercession against all the patrician magistrates except the
dictator—against the consul, praetor, aedile, and quaestor. The growth
of the Roman constitution, however, created magistrates between whom no
relation which justified the veto could be imagined to exist; none, for
instance, could be established between the aedile and quaestor or between
the consul and censor, and accordingly these magistrates had no power of
impeding one another’s actions.
Three general limitations existed, which alone made this strange power
a practical working principle of the constitution. The first, which
was necessary to prevent utter confusion, was the finality of the
intercession. The veto could not be vetoed, and the act which had been
declared void could not be again made valid by the exercise of this
power. A second was its purely _civil_ character; in the field divided
command was not tolerated, and the intercession, therefore, did not
exist. A third was that the veto could only be directed against what was
clearly the act of a magistrate. We shall find instances of this rule in
the special applications of the intercession; an important consequence of
it was that neither the verdict of a _judex_ in civil cases, nor, after
the growth of the standing criminal courts, of the _judices_ in these
_quaestiones_ could be quashed by a magistrate.
The intercession may conveniently be considered from the point of view
of three spheres of magisterial power against which it was directed—the
decree (_edictum_[763]), the _rogatio_, and the _senatus consultum_.
Public-domain text, read in full here on John Shaqi.
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