INTRODUCTION
Roman republic was the era of ancient Rome beginning with the overthrow of the Roman Kingdom. It
started on 509 BC to 27 BC with the establishment of the Roman Empire. During its existence it had a
form of governance which was used in ruling as there were leaders who were the ones rulling the
Roman Republic, as the following explains;
THE SENATE, Unlike later parliamentary bodies, the Roman Senate had little if any
legislative authority, for that power wrested in the hands of the popular assemblies.
Originally open only to the patricians, the Senate had what one might call “indirect”
executive power called auctoritas. And, while it had no legal power, it still held significant
influence, serving as an advisory body to the consuls and later emperors. Members of this
conservative body were unpaid and served for life unless found guilty of public or private
misconduct. Senators were forbidden to engage in banking or foreign trade.
THE CONSULS
Instead of a king, and to guard against despotism, the new government chose consuls, two in
number. These individuals were not elected by the populace but appointed by the popular
assembly, the Comitia Centuriata Each consul served a one-year, non-consecutive, term,
although he could serve a second or third term later..
THE PRAETORS
Praetors were junior to consuls however they were so powerful magistrates. They served one
year term only. They served as governors of provinces, military adjucts to conculs, or
military commanders.
THE TRIBUNES
They were elected in the concilium plebis. It was through the tribunes where the plebeians
were able to protect themselves from patricians who abused their powers. Later, to further
protect the rights of the plebians, the Twelve Tables also called the Ten plus the Two was
enacted as the first record of Roman law - there had never been a written constitution in
Rome. By the 4th century BCE all citizens had the right of provocatio populum - the right to
appeal the decision of a magistrate, and by 287 BCE the Lex Hotensia stated that laws passed
by the Concilium Plebis were binding to all people, even patricians.
THE ASSEMBLIES
Instead of authority lying in the Senate, power to pass laws was given to a number of popular
assemblies. First, there was the Comitia Curiata, a legislative body dating back to the days of
the kings which evolved into theComitia Centuriata. Next, representing the plebeians there
was the Concilium Plebis, and, lastly, also dating back to the time of the monarchy, there
were the various smaller tribal assemblies.
THE AEDILES.
These were two pairs of aediles, plebeian and curule. They were responsible for maintaining
public buildings and public order, they staged the public games, they served as prosecutors in
trials involving public law.
THE QUAESTORS.
They were assigned by the senate, presumably in consultation with the senior magistrates.
They served one year term. They were assigned to particular administrative posts, some were
assistants to other magistrates.
THE CENSORS.
These were chosen by the comitia centuriata. They were responsible for keeping track of the
Roman people counting them and their property.
THE DICTATORS.
They were Roman’s magistrate with extraordinary powers, appointed during an emergency.
They were appointed by the consul or the senate. The dictatorship was a temporary position
that was created in emergencies. They were given military command for addressing military
threat.
CONCLUSION
The Roman government of the old Republic had created a unique system of the division of
power which was a safeguard against oppression by any single individual. Power, for the
most part, lay with a voting public.
ST. AUGUSTINE UNIVERSITY OF TANZANIA
SCHOOL OF LAW
COURSE : LLB II
NAME OF STUDENT : MAIMU STELLA R
REGISTRATION NO, : 55357
LECTURER’S NAME : SR. NGONYANI
COURSE TITLE : ROMAN LAW AND CIVIL LAW SYSTEM
COURSE CODE : SWL 227
NATURE OF ASSIGNIMENT : INDIVIDUAL ASSIGNMENT
QUESTION 94: The Roman Republic is widely believed to have started in 509 BC with the
establishment of the Roman Empire, Therefore, explain the form of governance existed
during the Roman Republic.
