Roman Annulment of Laws

Andrew Lintott explores the constitutional methods open to the Roman system where laws passed by violence could be over-turned by Senatorial veto. For instance if the Assemblies were under the sway of violence they would be unable to replace, modify or pass new laws to remove the bad laws that had been made under coercion.

Prior to the late republic, laws were not passed under the Roman Constitution that were repugnant to the Senate (the optimates). It was only in the later republic when the constitutional mechanisms, such as Tribunes, were in place to challenge the constitutional primacy of the Senate. Lintott writes:

Annulment was essentially a political weapon of the optimates reviving as it did the patrum auctoritas in a new form.

He argues that this was intended to be used as a mechanism to stave off the passing of laws by violence because there was no statute offense against violence itself being used in this manner - a failing of the Roman Constitution in Lintott's view. The opening it allowed however, was political, and for the Senate as a social class, to use against plebian policies and demogogic leaders. Lintott continues:

At times when the authority of the Senate was strong this did not matter: at other times the evasion by the optimates of a direct challenge to violent legislation allowed an escape route to unscrupulous politicians and, indeed, was an encouragement to violence.

Central to Lintott's thesis on the Roman Constitution and the increasing violence in the late republic is that violence was not only tolerated as part of the constitutional system it was seen as a legitimate mechanism for securing redress; privately, publicly and politically.

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