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
The exercise of the veto in the Senate was simplified by the magistrate,
who intended to impede the resolution, signifying his intention
beforehand. This is the meaning of the declaration often made by a
magistrate in the Senate, e.g. by the consul, that “he would not
allow any business to proceed” (_non passurum quicquam agi_).[786]
This declaration saved the time of the House, since the veto was not
pronounced during the debate, but usually after the voting on the
measure[787] or while the voting was in progress.[788] Hence the veto
did not interrupt the procedure, nor even the threat of the veto suspend
the particular business. The motion on which the veto had been put was,
if approved by a majority of the Senate, drawn up as a resolution of the
House (_senatus auctoritas_). It had lost its binding legal force as a
decree, but it remained as an opinion for the guidance of any magistrate
who cared to respect it. Sometimes the Senate requested the magistrate
to suspend the intercession (_intercessionem remittere_),[789] and
sometimes attached to a particular decree a general vote of censure on
any magistrate who should veto it.[790] The intercession on certain kinds
of _senatus consulta_ might be forbidden by law. Thus the _lex Sempronia_
(_de provinciis consularibus_) of 123 B.C. forbade the employment of the
veto on the senatorial assignment of the consular provinces.[791]
It is needless to say that, with this conflict of authority, there was no
true theory of responsibility in the Roman magistracy; for that implies
a unity of power. But a description of what may be called the second
element of responsibility, the capacity for being punished, or for being
forced to give compensation, for a misuse of functions, will form a
fitting complement to the history of the intercession.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account