Lex Arminia Equitia de imperio (Nova Roma)
This lex is currently IN FORCE.
This law is intended to correct the use of an ancient Roman definition in the Nova Roman legal system and to be a basis for present and future legislation.
In Nova Roma, we understand potestas as:
- A. Ius coercendi minor, the power to compel obedience in the name of the state, within the duties of the magistrate.
- B. Ius edicendi, the power to issue edicts and nominate scribes.
- C. Partial iurisdictio, the power to interpret the law within the duties of the magistrate holding the Potestas.
- D. Ius contionis habendae, the power to hold a contio, including a question in a Comitia already called by a magistrate. The question must be included by the magistrate who called the comitia under the official authority of the magistrate holding the ius contionis habendae.
In Nova Roma, we understand Imperium as:
- A. Having all the rights of potestas, as described above.
- B. Ius agendi cum populo, calling the People to vote in any of their legislative Comitia.
- C. Ius agendi cum senatu, calling to Senate to vote or placing a proposed senatus consultum on the Senate agenda.
- D. Ius coercendi maior, the power to compel obedience using major force, on all Nova Roma subjects. In Nova Roma, this explicitly excludes physical force, and includes the force of law.
- E. Full iurisdictio, the power to interpret the law, on all levels on all Nova Roma subjects.
3. TRIBUNICIA POTESTAS
In Nova Roma, we understand Tribunicia Potestas as:
- A. The special powers held by a Tribunus Plebis, powers outside of and separate from Potestas and Imperium, as determined by the uses of the Mos Maiorum of Roma Antiqua or specific legislation of Nova Roma.
- B. The holder of Tribunicia Potestas is not subject to any Potestas or Imperium when acting ex officio within his Tribunicia Potestas.
- C. Tribunicia Potestas possesses all the rights of Potestas defined in Paragraph I above.
- D. Tribunicia Potestas does not automatically grant to its holder the concept of 'Sacrosanctity' either by the Mos Maiorum of Roma Antiqua or any lex or decretum in Nova Roma.
4. OTHER DETERMINATIONS
- A. It is not within the scope of this law to define which magistratures have Potestas, Imperium and Tribunicia Potestas as described here.
- B. All legal uses of the terms Potestas, Imperium and Tribunicia Potestas will follow the definition of this law.
- C. This law recognizes that the Imperium of two different magistrates has different degrees, and the higher Imperium overrides the lower Imperium. However, the level of Imperium as compared to others shall be specified in the legislation attributing Imperium to a magistrature. Identical levels of Imperium within the same magistrature may veto each other.
- D. Identical levels of Potestas within the same magistrature may veto each other.
- E. Imperium can have geographic boundaries. These boundaries will be called provinciae. Imperium within a provincia will have all the rights described by this lex, except paragraphs I. A.; I. C; I. D; II. B and II. C. Imperium within a provincia also gains the right for its holder to be a representative of the Nova Roma government within the Provincia on all subjects.