The role of the senate in legislation
During the Republic, the senate did not operate as a legislative body. Its role was confined to ratifying the laws enacted in the assemblies and to giving advice or instructions to the magistrates who were the executives of the state.
However, as the power and influence of the senate continued to increase, especially during the period of Rome's expansion, the senate began to play a more active part in the legislative process. In reality the assemblies rarely enacted legislation without the collaboration of the senate which usually decided the matter in all important respects and later obtained the sanction of the people. As was noted earlier, it was customary for the higher magistrates to seek the senate's advice on legislative proposals before they submitted them to the people.[586] The senate's opinion took the form of a resolution (senatus consulturn) which was incorporated by the magistrate in his proposal. In effect, this was legislation promoted by the senate, although a senatus consultum could not be put into effect until it was adopted by a magistrate and had technically become part of his proposed law.[587] The influence of the senate on legislation is manifested by the fact that Cicero mentions both the senatus consulta and the leges as sources of law.[588] During the early Empire the senate assumed most of the legislative powers of the assemblies and, from the middle of the second century AD, the senatus consulta came to be recognised as a direct source of law.
More on the topic The role of the senate in legislation:
- THE LEGISLATIVE ROLE OF THE REPUBLICAN SENATE
- The Senate
- The Senate
- The senate
- The Senate
- The senate
- The Criminal Jurisdiction of the Senate
- The resolutions of the senate
- CHAPTER X The Senate and senatus consulta
- PLINY THE YOUNGER IN THE SENATE, 105 ce
- THE ROLE OF THE PRAETOR AS JUDICIAL MAGISTRATE
- The role of Panaetius
- The role of the state: challenges and responses
- The Demise of Popular Legislation
- B. LEGISLATION AND CUSTOM
- Statute law and delegated legislation
- Justinian’s legislation on marriage
- The Role of Custom
- 11 The Role of Delators
- Imperial Legislation