States of Emergency - Centre for Policy Alternatives

appointment of a dictator according to speciLic constitutional
forms that separated, among other things, those who declared an
emergency and those who exercised dictatorial powers on such
occasions, the appointment of dictators for well‐deLined and
limited purposes, and the ultimate goal of upholding the
constitutional order rather than changing or replacing it – are
often regarded as setting the basic guidelines for modern‐day
constitutional emergency regimes.” 8
With the fall of the monarchy in 509 BC, the new Roman republic
established a form of executive government that was designed to
avoid the perils of centralisation of power. The result was an
executive branch that was headed by two consuls, who were
vested with a vast array of power including that of command over
the army. 9 However, the logic of the system was sustained by two
key underlying principles: (a) the principle of collegiality and
equal power, and (b) the principle of limited and non‐renewable
tenure. The Lirst principle meant that each consul enjoyed equal
authority and had the same range of powers and responsibilities.
It also meant that each had an unlimited veto over the decisions
and actions of the other. The second principle established that
each consul was elected for a period of one year only without the
possibility of consecutive re‐election. 10
However, the Romans recognised that this system may not work
well in times of grave peril, when the need for swift and decisive
8
Gross and Ní Aoláin: p.18
9
William E. Heitland (1969) The
Roman
Republic, Vol.1 (Florida: Gaunt):
para.70
10
See Max Cary & Howard H. Scullard (1975) A
History
of
Rome
down
to
the
Reign
of
Constantine (3 rd Ed.) (New York: St. Martin’s Press): p.56,
62‐63
35