| Politics of theRoman Republic | ||||||||||
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| 509 – 27 BC | ||||||||||
| Constitution and development | ||||||||||
| Magistrates and officials | ||||||||||
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| Senate | ||||||||||
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| Public law and norms | ||||||||||
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Asenatus consultum (Latin: decree of the senate, plural:senatus consulta) is a text emanating from the senate inAncient Rome. It is used in the modern phrasesenatus consultum ultimum.
Translated into French assénatus-consulte, the term was also used during theFrench Consulate, theFirst French Empire and theSecond French Empire.
In the case of the ancientRoman Senate under theRoman Kingdom, it was simply an opinion expressed by the senate, such as theSenatus consultum Macedonianum or theSenatus consultum de Bacchanalibus. Under theRepublic, it referred to a text promulgated by the senate on planned laws presented to the senate by aconsul orpraetor. Officially theseconsulta were merely advice given to the Republic's magistrates, but in practice magistrates often followed them to the letter.[1] Despite only being an opinion, it was considered obligatory to have one before submitting the decision to a vote and moreover a hostileconsultum from the senate almost systematically provoked the new law's abandonment or modification. If aconsultum conflicted with a law promulgated by one of the Republic's legislative assemblies, the law took on a priority status and overrode theconsultum.[2] All proposed motions could be blocked by a veto from atribune of the plebs or anintercessio by one of the executive magistrates. Each motion blocked by a veto was registered in the annals assenatus auctoritas (will of the senate). Each ratified motion finally became asenatus consultum. Eachsenatus auctoritas and eachsenatus consultum was transcribed in a document by theprinceps senatus, which was then deposited in theAerarium.[1]
Under theRoman Empire, the Roman legislative assemblies were rapidly neutralised. The first emperors transferred all legislative powers to the senate. After this transfer, thesenatus consulta had the force of law.[3] The senate's legislative power and right to issueconsulta were suppressed in the 3rd century under theDominate, in reference to the full powers conferred to theimperium. In the continued decline in praetorian law, the change rendered the emperor alone the guarantor of law and the Imperial constitution.[citation needed]