States of Emergency - Centre for Policy Alternatives

dictator. 15 The dictator enjoyed all the plenary powers of the
consuls, and had complete command of the army and strategic and
tactical decisions. He was free from intercession by the tribunes,
senatorial intervention and direction, and unlike all other
magistrates including the consuls was not subject to the appellate
authority of the centuriate assembly. He also enjoyed immunity
from punishment even after the termination of the emergency. 16
The key strength and enduring appeal of the Roman dictatorship
lie in the limitations imposed upon it by the constitution as well as
conventions. SigniLicant among these was that the appointment of
a dictator was allowed only in the face an exceptional and speciLic
threat to the republic, and then only for a short period. The term
of ofLice of a dictator was a non‐renewable six months, or the
expiration of the term of the consul who appointed him,
whichever came Lirst. 17 Both Machiavelli and Rousseau were of the
view that the features of short duration, set in advance and not
liable to extension, were key strengths of the model. 18
Another important restriction was that a dictator was appointed
to counter a speciLic military threat, of usually external origin.
However, he could not initiate armed aggression of his own
volition; the role of the dictator was a purely defensive one. 19
15
Andrew Lintott (1999) The
Constitution
of
the
Roman
Republic
(Oxford: Clarendon Press): p.111
16
Rossiter (1948), op cit., pp.19, 25
17
Gross and Ní Aoláin: pp.21‐22
18
Machiavelli (1996) op cit., pp.76‐77; Jean‐Jacques Rousseau (1993) The
Social
Contract
and
Discourses
(Trans. G.D.H. Cole) (New York:
Everyman): p.296
19
Rossiter (1948), op cit., p.24
37