Rogatio Aurelia de additamento legum condendarum gerendarumque (Nova Roma)

Rogatio on an addition to the administration of law and legislation in Nova Roma.

Preamble

I. The correct and accurate management and administration of all laws and legislation in Nova Roma is a vital process. Although current legislation provides some description to the creation and introduction of new laws, there is little in the way of maintenance, recording and processing of that legislation. This legislation is designed to consolidate, update and articulate the administration of all Nova Roma legislation that is published after the various legal bodies have cast their vote upon them. The lex does not present any significant new changes but it does document and establishes in law those administrative processes that have been in customary practice and proven over many years.

Implementing Legislation

II. This lex is intended to be a modification to the lex Hortensia de legibus scribundis. It is not intended to be a stand-alone law.

III. The lex Equitia de corrigendis legum erratis is hereby rescinded. Besides some outdated elements, it contains duplication of elements present in the lex Hortensia. The remaining valid elements are developed further in this modification.

IV. This lex clarifies, but does not change, elements of the lex Fabia de oppidis et municipiis concerning the approval of charters. It is also intended to remain complimentary to and not modify the lex Tullia de comitiis habendis.

V. The preamble of the lex Hortensia is to be replaced with the following:

The purpose of this law is to ensure the Nova Roma legal system remains true and authentic to Roman custom and the mos maiorum. It also provides the standard for the development, format, accuracy and ongoing administration of all Nova Roma legislation.

VI. The body of article III of the lex Hortensia is to be replaced as follows:

["Introduction Pending"]

[III.A. Reserved space for Roman Lex format requirements (if any), from Cn. Lentulus]

[III.B. Reserved space for Roman senatus consulta format requirements (if any), from Cn. Lentulus]

[III.C. Reserved space for Roman edicta format requirements (if any), from Cn. Lentulus]

III.D. Law Revision Committee of Classicists and Latinists. Nova Roma seeks to be as true to Roman customs and the mos maiorum as possible. To achieve this, the laws of Nova Roma (including charters of municipalities, special interest groups where requested, and all other legislation were practicable) should be endorsed by the Law Revision Committee of Classicists and Latinists.

III.D.i. Committee Requirements. This committee must comprise of at least two officially recognized classicists, Latinists or classical philologists (or any combination thereof), so appointed under edict by a praetor. They must be Nova Roma citizens. If no eligible appointees exist, then the committee will carry the vacancies until such time as an eligible candidate is identified. In order to be appointed to this committee, evidence of formal education consisting of a master’s degree, university diploma or equivalent, in the field of Latin language and literature or from classical philology and classicist study, shall be presented to the appointing praetor.

III.D.ii. Committee Responsibilities. The committee are appointed as subject matter experts to provide guidance to Nova Roma magistrates in formatting Roman law and in the correct usage of the Latin language. The scope of review by the committee is limited to recommendations on language and incorporation and employment of Roman custom and classical legislature, following the principles outlined in article III.A through III.C. Either individually, or collectively, the committee are entitled to issue a seal of endorsement to any pending or existing legislation. The committee itself can collectively determine any other internal regulation of committee practices. The committee is to inform any requesting magistrate and the Curator Rei Informaticae of legislation that receives a seal of endorsement. The Curator Rei Informaticae shall then display the seal with the endorsed published legislation.

III.D.iii. Magistrate Responsibilities. Magistrates developing a law or charter must present their proposal to the Law Revision Committee of Classicists and Latinists. Magistrates are not obliged to incorporate any recommendations by the committee into a proposed law, and as such may not receive an endorsement. Any legislation presented to a comitium or otherwise that does not have an endorsement, although legally permitted, should be considered undesirable and inconsistent with Nova Roma ideals. All recommendations for a municipal charter presented to the committee, as per the lex Fabia de oppidis et municipiis, must be incorporated, therefore receiving an endorsement, or the charter is considered untenable and invalid under law.

III.D.iv. Retrospective Committee Review. This committee shall revise and compile a corrected format of all legal documents, past and future, to ancient Roman format. The implementation of the necessary corrections shall be done under the supervision of the praetors according to the method described in article IV.

VII. The body of article IV of the lex Hortensia is to be replaced as follows:

The praetors are required to ensure that all current and former laws (legal documents) and the respective names of all legislation are correct and regulated in accordance with this law, to meet the specified Roman standards, and to meet the accepted standards of grammar and orthography of the language in which they are written. Praetors will address discovered issues through the release of an edict. The edict should task the physical process of correcting any legislation through the Curator Rei Informaticae that will perform the necessary changes under the authority of the praetor’s edict. The praetors shall address any of the following issues:

IV.A. Editorial mistakes concerning grammar, spelling or use of idioms, issues with orthography and typology, of the base language of which the law is written. Such changes should not include modifications that would change the interpretation of the law, its validity or bring it into dispute with another law.

IV.B. Editorial mistakes concerning grammar, spelling or use of idioms, issues with orthography and typology, of any Latin words, terms or phrasing used within the law. Such changes are authorised by the issuing praetor meeting the qualification requirements outlined in article III of this lex or issued with an endorsement by the Law Revision Committee of Classicists and Latinists.

IV.C. [Reserved space for the correction of Roman layout and format requirements (if any), from Cn. Lentulus]

IV.D. The titles of leges containing incorrect Latin or convening magistrate names shall be corrected in accordance with article I and II of this lex. Such changes are authorised by the issuing praetor meeting the qualification requirements outlined in article III of this lex or issued with an endorsement by the Law Revision Committee of Classicists and Latinists.

VIII. Article ‘V’, of the lex Hortensia is to be replaced in toto with a new article titled “Administration of laws”. The following content is to be included under this new article:

The conclusion of the vote of a comitium or other legislative body in Nova Roma is not the end of the process for the management of a law. Just as important, is the ongoing management and record of that legislation, to ensure its integrity, accuracy and accessibility. The administration of law and legislation is the domain of the praetors whom will be required to work closely with the Curator Rei Informaticae for the record and integrity of all legislation. Using both Roman and modern influences, Nova Roma defines and handles law based on the following elements:

VI.A. Types of Law. For administrative purposes, a lex is classified as one of four types, based on how it is designed to interact with existing laws:

VI.A.i. A standalone lex. Presents entirely new legislative content otherwise not considered elsewhere in law at this level.

VI.A.ii. An amendment lex. Exists only to modify one or more other laws previously enacted.

VI.A.iii. A hybrid standalone lex. Intended to be a standalone law but it also includes modifications, intentional or otherwise, to extant laws.

VI.A.iv. A hybrid amendment lex. Intended to be an amendment lex but it also includes substantial clauses, statements or articles that are entirely new in legislation, warranting a standalone status.

VI.B. Status of Laws. Laws will have one or more of the following statuses:

VI.B.i. In-Force laws. Laws, once enacted by a legislative body, are considered “In-Force” and carry the full weight of law as defined under the lex Cornelia Domitia de re publica constituenda.

VI.B.ii. Active Laws. These are In-Force laws that are standalone and consist of all law types defined in article VI.A except for the amendment lex type as at article VI.A.ii. Active laws are a subset of In-Force laws that collectively form the current legislation of Nova Roma.

VI.B.iii. Repealed laws. Laws can be repealed by the appropriate legislative body to remove their affect in law. Laws cannot be repealed partially, only in full. The removal (or act of repeal) of parts of a law is considered a modification, and is an amendment lex under article VI.A.ii. Laws can be repealed as an isolated action in the comitia or through other laws once they are enacted. Repealed laws can also be re-enacted and made In-Force again through the passing of an amendment lex. The repeal of a lex (example; “lex A”), that in itself repealed another lex when it was originally enacted (example; “lex B”), does not automatically revive the old lex (“lex B”) unless express provision is made for the revival in the repeal.

VI.B.iv. Lapsed Laws. Meaning “no longer valid” or “expired”, the most common lapsed laws are those of an amendment lex under article VI.A.ii. Once their modifications have been incorporated, their function is complete and they lapse. In isolation, these actioned amendments are still In-Force and can be repealed but otherwise are not considered Active laws. In rare cases, a law may lapse when overtaken by events or changes in Nova Roma occur that render the law irrelevant. This is discussed in article VI.F below.

VI.B.v. Inactive Laws. Inactive laws are predominately Repealed laws and Lapsed laws. These are laws considered not In-Force, not having an effect in law. By definition, this status also includes those of the amendment lex type as at article VI.A.ii that are still considered and listed as In Force. This is because functionally, they are considered lapsed once their modifications have been incorporated. An amendment lex is considered In Force, while it’s modifying affects are considered active but the lex itself not an Active law.

VI.C. Tabularium of Laws. All laws (leges) passed by the comitia are to be maintained in a Tabularium (legislative record) of Nova Roma, listed primarily in two groups, defined below. This does not limit the display or categorization of the laws in other ways, in addition to these sets. The two mandated lists are:

VI.C.i. List of Active Leges. This list is to contain only all Active lex, as defined at article VI.B.ii; the laws that contain standalone In Force legislative elements.

VI.C.ii. Historical List of Leges. This list is to contain all Active and Inactive laws; all Nova Roma laws ever enacted, both In Force and those not In Force.

VI.D. In both cases of the lists mentioned in article VI.C, these lists are to have the following features:

VI.D.i. Listed in chronological order, the order in which they were enacted.

VI.D.ii. Which legislative body enacted the law.

VI.D.iii. What date it was presented to the comitium.

VI.D.iv. What date it was approved by the comitium.

VI.D.v. The vote outcome and results.

VI.D.vi. Lex status summary, as per article VI.B, with explanatory notes.

VI.E. Maintenance and Publication. The Curator Rei Informaticae is responsible for the update and maintenance of the public lists defined under article VI.C. and VI.D. They also have the responsibility to apply the modifications to the appropriate laws from any amendment lex, create new listings for the display of newly enacted laws and the application of auxiliary information on or with a lex indicating its legal status. Outside of the requirements below, any specifics of the layout and formatting may be determined by the Curator Rei Informaticae. Any editing changes are handled as required by article IV.

VI.E.i. New standalone lex administration. Once a lex (other than an Amendment type as at article VI.A.ii) is approved by a comitium, a new entry should be added in the lists designated under VI.C. The lex should then be displayed, transcribed or formatted as enacted by the comitium. The display of the lex should also include:

VI.E.i.(1) The current status of the lex.

VI.E.i.(2) The comitium it was approved by.

VI.E.i.(3) The results of the comitium vote.

VI.E.i.(4) The date the lex was enacted by the comitium.

VI.E.i.(5) Any Senate ratification as required by article V.F of the lex Cornelia Domitia de re publica constituenda and the published results of that vote.

VI.E.i.(6) Whether the lex has received a seal by the Law Revision Committee of Classicists and Latinists.

VI.E.ii. Lex modification process. Once a lex is identified as being modified by another lex, the relationship should be indicated against the respective entries in the lists designated under VI.C. The modifying lex is required to feature in the List of Active Leges In Force as described in article VI.C.i. If it is an Amendment type lex as per article VI.A.ii., it will only remain on this list until such time as it is incorporated into the lex (leges) that it modifies. For a lex that has been modified, it must:

VI.E.ii.(1) indicate at the top of any publication of the law that the lex is modified.

VI.E.ii.(2) be clear in displaying the current version of the lex, inclusive of the required modifications and what lex (leges) have made the modifications. The use of change bars or a track-change system is not required.

VI.E.ii.(3) display all previous original unmodified versions and iterations prior to the current version below the current version of the lex.

VI.E.iii. Lex removal administration. The need to remove a lex will come from the act of a comitium to repeal an existing lex. This may be an isolated action or invoked through a new lex approved by the comitium. Regardless of how it is initiated, it is vital to understand that the repeal or removal process is not an action to delete. Legislation is never deleted. Upon the repeal of a lex, the lex must:

VI.E.iii.(1) indicate in the status (article VI.D.vi.) of the publication that the lex is "Repealed"

VI.E.iii.(2) be removed from the List of Active Leges as described at article VI.C.i.

VI.E.iii.(3) remain accesible in an archive, database or alternate repository for reference.

VI.F. Interpretations of Law. Article I.B. of the lex Cornelia Domitia de re publica constituenda already outlines the precedence in which the magistrates with iurisdictio can interpret law and the legality and validity of disputed law, with this role resting with the praetors in the first instance. With respect to the administration of law there are two main circumstances to be considered:

VI.F.i. Identifying whether a certain law modifies, supersedes or repeals another law or not when it is not clearly stated in the law itself. This may be decided by the praetors through the issue of a formal edict. Such decisions on law by the praetors should be annotated at the bottom of the relivant law. Under no circumstances may an edict modify the approved legal text of the law.

VI.F.ii. Identifying whether a law itself has lapsed. Occurring when a law is overtaken by events, changes in Nova Roma legislation that render the law irrelevant or more likely being overridden by another more recent law. If one or more laws conflict with a specfic lex, the most recent law will take precedence. If this affects a law in its entirety, the praetor may clarify that this is the case through a decision issued through an edict. Such decisions on law by the praetors should be annotated at the bottom of the relivant law. However, the law remains In-Force and should (and can only) be removed through a vote of the comitia. Under no circumstances may an edict repeal the approved legal text of the law.

IX. A new article ‘VI’, is to be added to the lex Hortensia, titled “Administration of other forms of legislation”. The following content is to be included under this new article:

Laws, although the most prominent, are only one piece of many forms of legislation. Article I.B. of the lex Cornelia Domitia de re publica constituenda defines all forms of legislation and the precedence in the Nova Roma legal system. Like laws, all other forms of legislation needs to be maintained and recorded for accuracy and accessibility.

VI.A. Senatus Consulta. Senatus consulta, and the associated more authoritative variant Senatus Consulta Ultima, are to be managed and recorded by the Curator rei informaticae within appropriate sections of the Tabularium, already stipulated at article VI.C. Senatus Consulta are to be recorded by sessions of the Senate; the specific structure to be determined by the Curator rei informaticae. Editorial changes deemed required are to be managed in accordance with article IV. of this lex. Any requirements for the interpretation or validity of various Senatus consulta should be handled in a similar manner to the principles expressed in article VI.F. The repeal of any Senatus consulta can only be handled within and by the Senate.

VI.B. Decreta of the Collegium Pontificum and Collegium Augurum. Decreta of the religious colleges of Nova Roma are to be managed and recorded by the Curator rei informaticae within appropriate sections of the Tabularium, already stipulated at article VI.C. The specific structure to be determined by the Curator rei informaticae. Editorial changes deemed required are to be managed in accordance with article IV. Any requirements for the interpretation or validity of various decretal must be referred back to the collegium of origin.

VI.C. Edicta. All the various edicts published by all magistrates are to be managed and recorded by the Curator rei informaticae within appropriate sections of the Tabularium, already stipulated at article VI.C. Edicts are to be recorded by year and then by issuing magistrate type; the specific structure to be determined by the Curator rei informaticae. Editorial changes deemed required are to be managed in accordance with article IV. of this lex. Any requirements for the interpretation or validity of various edicts should be handled in a similar manner to the principles expressed in article VI.F.