The Two Great Republics: Rome and the United StatesLewis, James
History
The Two Great Republics: Rome and the United States
Lewis, James
Rome -- Politics and government -- 510-30 B.C.; United States -- Politics and government
In the overthrow of the early Roman kingdom the power of the kings had
mainly passed to the consuls, but partially to other officials, and
some of the powers possessed by the early consuls had been gradually
taken away from them and given to other newly created officials, such
as the censors and prætors. For centuries there had been a continued
policy of division of powers; this policy was now suddenly reversed,
and governmental powers of all kinds reunited in a single official.
This was accomplished by conferring upon Octavius Cæsar, for life,
each of the various offices known in the government of the Roman
republic. Octavius Cæsar became life censor, life consul, and life
tribune. The appointment of his colleagues in all these offices was
likewise in his power. The cycle of governmental change had now been
completed, and the Roman emperor possessed all the old powers of the
Roman kings. In the field of legislation it is indeed probable that
the power of the emperor was greater than that of his early
predecessors.
"The old popular assemblies for a period after the
establishment of the Empire still went through the form of
passing acts, which had been prepared by the real governing
power, but in addition to this the Emperor was given the
power of direct legislation by his own authority.
"Laws which owed their force to the authority of the Emperor
were known as Constitutiones and may be divided into four
principal classes, as follows:
"1. Edicts, which were public ordinances, of universal
application throughout the Empire. These had the authority
of laws, inasmuch as they were generally enforced and
applied to all. In the earlier reigns they were frequently
renewed, and they derived their authority from the Emperor
as the prætorian edict did from the prætor. Gradually they
came to be held as permanently binding the real ground of
their permanent force, custom was overlooked, and the
imperial authority was regarded as such ground.
"2. Decrees, which were decisions in judicial cases brought
before the Emperor as final court of appeal. Inasmuch as
they were interpretations of law, they were regarded as
binding upon all courts.
"3. Rescripts, which were decisions upon questions of law
submitted by courts and private persons. They were closely
connected with the pontifical interpretations.
"4. Mandates, which were directions to officials in the
exercise of their offices. These, by repetition in the
various instructions sent out from time to time by the
Emperor, became a source of general law. They were
theoretically in force only during the lifetime of the
Emperor from which they proceeded; but they became of
permanent force because of repetition and custom." (Lee's
_Historical Jurisprudence_.)
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