Rogatio Memmia de provocatione (Nova Roma)

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This rogatio was REJECTED.

Rejected by Comitia populi tributa
Yes: 12 No: 14 Abs.: 9
Kal. Sep. Fr. Apulo C. Laenate cos. MMDCCLVIII a.u.c.

Tribune P. Memmius Albucius, as presiding magistrate,

in order to more clearly specify the scope of the jus provocationis, as enshrined in the laws and customs of ancient Roma and as guaranteed by article II.B.5 of the Constitution, and the circumstances in which it may be exercised,

promulgates the law in the following terms :

I. ((Scope of provocatio))

The right of provocatio defined by the article II. B.5 of the Constitution of Nova Roma does not, essentially, concern the acts issued by magisterial enactement  :

- for which the magistrate has no freedom of judgment or choice between one legal solution or another, and are thus not « decisions » in the sense meant by the Constitution ;

- which deny a citizen an opportunity which she / he might otherwise have had, or which deprive her / him of a gain that she / he might have made, but which do not leave the citizen lacking any right or good that was her / his before the act. Such acts are not considered to have a « direct negative impact upon » on the citizen concerned, in the sense meant by the Constitution,

II. ((Duty of magistrates))

The magistrates authorized by the Constitution to convene the comitia populi tributa must refuse to call them for order upon a appeal of provocatio which would examine a magisterial act excluded from provocatio by article 1 above.

III. ((Limitation of lex))

This law does not prevent the citizen concerned from using every other legal means offered by the laws of Nova Roma.

Section headers in double parentheses are unofficial and have been inserted for convenience.

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