INTRODUCTORY NOTE
§154 In general the nature of the Roman Senate, its composition and its administrative, judicial and financial functions, as well as its political power, remain outside of the scope of this work.
There exist a number of comprehensive treatises, beginning with Mommsen and extending through recent works on constitutional law,1 which deal fully with these questions. In this chapter attention is limited to three topics, namely: (1) the role of the Senate in the legislative process during the latter portion of the republic; (2) the nature and form of the resolutions of the Senate (senatus consulta) during both the republic and the Principals; and (3)the place of senatus consulta as a source of law during the Principate. It should be noted that the role of the Senate in the legislative process during the early republic has been treated earlier?A.
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- It is important to note at the outset that the Byzantines did not recognize a separation between Church and state and, consequently, there was no strict distinction between secular and ecclesiastical legislative authority and jurisdiction.
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