The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
[1] I say "in the Campus Martius" because it was there that the comitia
assembled by centuries; in its two other forms the people assembled
in the _forum_ or elsewhere; and then the _capite censi_ had as much
influence and authority as the foremost citizens.
[2] Custodes, diribitores, rogatores suffragiorum.
CHAPTER V
THE TRIBUNATE
When an exact proportion cannot be established between the constituent
parts of the State, or when causes that cannot be removed continually
alter the relation of one part to another, recourse is had to the
institution of a peculiar magistracy that enters into no corporate
unity with the rest. This restores to each term its right relation to
the others, and provides a link or middle term between either prince
and people, or prince and Sovereign, or, if necessary, both at once.
This body, which I shall call the _tribunate_, is the preserver of the
laws and of the legislative power. It serves sometimes to protect the
Sovereign against the government, as the tribunes of the people did
at Rome; sometimes to uphold the government against the people, as
the Council of Ten now does at Venice; and sometimes to maintain the
balance between the two, as the Ephors did at Sparta.
The tribunate is not a constituent part of the city, and should have
no share in either legislative or executive power; but this very fact
makes its own power the greater: for, while it can do nothing, it can
prevent anything from being done. It is more sacred and more revered,
as the defender of the laws, than the prince who executes them, or than
the Sovereign which ordains them. This was seen very clearly at Rome,
when the proud patricians, for all their scorn of the people, were
forced to bow before one of its officers, who had neither auspices nor
jurisdiction.
The tribunate, wisely tempered, is the strongest support a good
constitution can have; but if its strength is ever so little excessive,
it upsets the whole State. Weakness, on the other hand, is not natural
to it: provided it is something, it is never less than it should be.
Public-domain text, read in full here on John Shaqi.
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