Legal system (Nova Roma)

Revision as of 19:12, 14 November 2022

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The Nova Roman legal system includes the legal texts applicable to and inside Nova Roma. It is composed not only of the laws adopted by the comitia, the assemblies of Nova Roma, but also of senatus consulta, pontifical decrees and magisterial edicts.

Leges

After the Constitution of Nova Roma, a lex (law) is the highest legislative legal policy. A lex is passed when successfully voted through by on of the comitia.

All leges (laws) of Nova Roma are officially listed through three sources, based on their status:

• Historical list of all laws - Lists all laws ever enacted, in chronological order. A historical list.
• Consolidated library of laws - Lists all active (in-force) laws on a single page to enable keyword or phrase searches (Ctrl-F).

Leges Archive

Some complementary information on older Nova Roma laws or proposed laws (rogationes) that were never ratified:

• Old Website Tabularium (deprecated)
• Repealed Leges
• Lapsed Leges
• Failed Rogationes
• Withdrawn Rogationes
• Vetoed Rogationes

Senatus consulta

A senatus consulta, abbreviated to SC, was an official statement and advice of the Roman senate to the executive magistrates. In Nova Roma, the SC has legal and authoritative precedence as a a decree of the Senate. A chronological summary of all SC can be found through the recorded sessions of the Senate.

Senatus Consulta Ultima

In accordance with article V. D. of the Nova Roma constitution, in times of emergency, through a two-thirds majority vote, the Senate has the power to issue a senatus consultum ultimum (the ultimate decree of the Senate), abbreviated as SCU. An SCU can, with the exception of this Constitution, supersede all other laws, the judiciary, the magistrates and the Comitia, by making decisions in their place, and can authorize the consuls and other officers to use their imperium in the central administration with absolute powers, under the constraints of the Constitution and within the prescribed scope as defined by the Senatus consultum ultimum, to deal with a specific situation. The Senatus consultum ultimum is a type of Senatus consultum, and as such, it is subject to tribunician intercessio and to all rules regarding SC, but magistrates acting under an enacted SCUm are not subject to tribunician intercessio or provocatio. The SCU may not be used in place of a lex to enact a change in the Constitution or in the Articles of Incorporation, or in place of a decretum pontificum to appoint priests. A SCU only remains in-force for three months after its enactment. After which, it ceases to have any special authority other than a regular SC.

Senatus Consulta Archive

Archived records (no longer used but retained for historical purposes) of some past SC and relevant pages may be found here:

• List of Discussed SC
• Repealed Senatus Consulta
• Failed Senate Proposals
• Vetoed Senatus Consulta

Decreta pontificum vel augurum

The collegium pontificum has the right to issue decreta on matters relevant to the Roman religion and its own internal procedures, the collegium augurum has the same power to issue decreta on matters of the ars auguria and its own internal procedures. These priestly decrees may not be overruled by laws passed in the comitia, by senatus consulta, or by edicts of magistrates.

Edicta

An edictum is a binding authoritative order given by a magistrate empowered to do so. The level or authority of an edict is determined by the rank of the issuing magistrate. All edicts rank below leges and senatus consulta in legislative precedence. They are often used to formally assign tasks and projects, make rulings or interpret the law.

Edicta in Nova Roma are only valid for the duration of office of the issuing magistrate, in accordance with the Lex Arminia de ratione edictorum. Only a dictator's edicta IAW article IV. B. 1. of the constitution remains valid after their term in office. Nova Roma has consolidated edicta on the following page:

Forms, instructions and treaties

Official Forms

Nova Roma will produce various official forms, applications and documents. Below is a list of commonly used forms and applications used in Nova Roma:

• Application for Nova Roma Citizenship
• Application for priesthood

• Nova Roma Senate Procedures
• How to undertake the Oath of Office

Instructions and Manuals

Instructions and manuals are often produced by various magistrates or apparitors to present a procedural guide or document repetitive work that is done within the Republic. These documents are generally not authoritative or hold legislative precedence in their own right but may often be issued under the imperium or potestas of a responsible magistrates. Current versions on various subjects are provided here:

• Senate procedures, MMDCCLXV, see Senatus consultum de ratione senatus MMDCCLXV.

• Submitting a citizen photo

Official Treaties and Agreements

One of the primary objectives of Nova Roma is to work and collaborate with various individuals, groups and institutions around the world that foster the study of ancient Rome. Written memorandums of understanding (MoU) may also be produced with reenactment groups as detailed in leges like the Lex Aurelia de legionibus. Below is a list of known agreements or treaties with other entities:

• Memorandum of Understanding with Ancient Roman Reenactors Victoria (ARRV), Australia

Encyclopedia of Nova Roma legislation

The various forms of Nova Roma legislation and policy can be accessed through the:

• Codex Juris Novae Romae, the Nova Roman Law Handbook. An unofficial but useful tool for studying the law and identifying the relationship between various policy.
• It also contains a Glossary to search through legislation via topic, keyword or phrase.

Notes

See the category page (all associated links) with the legal system of Nova Roma.

The Codex Juris was originally compiled by citizen Domitius Constantinus Fuscus. A significant update to this Tabularium and the Codex Juris was commenced in Q. Arrio (III) A. Tullia cos. ‡ MMDCCLXXIV a.u.c., led by D. Aurelius Ingeniarius, under the authority of the Officum Rei Informaticae, and Praetorial edicta Edictum praetorium c. Artorii de renovatione tabularii (LXXIV - VI).