公 法 评 论 惟愿公平如大水滚滚,使公义如江河滔滔!
et revelabitur quasi aqua iudicium et iustitia quasi torrens fortis

The Roman Republic: Checks and Balances

 

American System -- based on balance of powers/functions

Executive

Legislative

Judicial

President

Congress

Supreme Court

Note: The only legitimate interest is that of the people

Roman System -- based on balance of interests

Monarchical

Aristocratic

Democratic

2 Consuls
+ other magistrates

Senate

Assembly of Tribes

Tribune

Directed government and army

Acted as judges

Could issue edicts

Acted as chief priest

Controlled state budget

Could pass laws

Approved/rejected laws

Decided on War

Tribune could veto actions of magistrate

Acted as final court

Basis of power:

possess imperium, the right to rule

need for leadership

Basis of power:

members were richest men in Rome.

Basis of power:

provided most of the soldiers

Limits on power:

one year term

each could veto

Limits on power:

could not control army

needed majority as soldiers.

Limits on power:

Could not suggest laws

often paid as clients by the elite

Source:

Chart by Paul Halsall