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
(ii.) The intercession against a _rogatio_, as contrasted with the power
of forbidding a magistrate to question the people,[772] became at a very
early period of the Republic the exclusive right of the tribune. It might
be pronounced in any of the assemblies and against any kind of measure
brought before these assemblies—against elections,[773] against _leges_,
including formal acts such as the _lex curiata_,[774] and against
_plebiscita_.[775] Custom had caused the intercession against a _rogatio_
to be guided by certain formalities; it seems to have been irregular
to pronounce the veto before the day of voting had arrived,[776] and
indeed before the speeches for and against the law had been made.[777]
In the case of laws, the correct time for interposing the veto seems to
have been the moment when the introductory acts of the magistrate were
over and before the voting had commenced;[778] in elections we find the
tribune interceding after the first tribe had voted.[779]
(iii.) The intercession against a decree of the Senate (_senatus
consultum_) was in theory a veto of the magistrate’s decree on which he
had taken advice. It resided originally with the _par majorve potestas_.
It was exercised by the tribune against the tribune,[780] consul,[781]
and praetor,[782] and throughout the greater part of the history of the
Republic by the consul against the consul.[783] The tribune possessed
the right of vetoing senatorial decrees at the time when he had not only
no power of summoning the Senate, but not even a seat in the House. In
early days he placed his bench before the open doors for the purpose
of examining decrees which were passed out to him and signifying his
approval or dissent.[784] But, when in course of time the tribune
gained the right of taking part in debate and of summoning the Senate,
his intercession came to replace that of the consuls; and although the
consular veto of a _senatus consultum_ continued to be employed long
after that against a _rogatio_ had ceased to be recognised, it is not
found after the time of Sulla (81 B.C.).[785] Here again the tendency was
to make the tribunate the sole prohibitive power, and the tribune the
sole guardian of the law.
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