What were the 3 branches of the roman republic and how were they different?

Answer 1

The system of government of the Roman Republic was very different from that of modern states and is not comparable. It did not really have three branches in the way we understand it. This is a modern concept.

The executive did not have a centralised government like a cabinet or an administration. They were five types of elected officers of state which carried out their duties independently within the remit of their type of office. The senior officers were the consuls (the heads of the city and the army), the praetors (they were chiefs justice who oversaw the trials and the development of Roman law and could also lead an army if needed) and the censors (they enrolled the senators and could expel them for the senate; they oversaw and financed public works and were responsible for public morals - hence the modern meaning of the word). The junior officers were the quaestors, who oversaw the treasury, and the aediles. The aediles were responsible for the maintenance and repair of public buildings, sewers and aqueducts; for street cleaning and paving; for traffic regulations and for fire precautions. They supervised the baths and taverns. They enforced of sumptuary laws, punished of gamblers and usurers and enforced of public morals regulations. They checked the quality of sold articles and the accuracy of weights and measures. They supervised the purchase of corn for the grain dole for the poor. They also organised and supervised public games, which were frequent and an important feature of Roman public life. The term of office was one year for all the offices, except for the censors, who were elected every 18 months.

The judiciary was not like a separate branch of government. There was not an institutionalised body of judges. The praetors (see above) were like chiefs justices. One of the praetores urbanus (urban praetors) presided over civil cases between Roman citizens and the administration of justice. Another one had the job of presiding over criminal proceedings (quaestiones perpetuae) and appointed jurors to vote for guilt or innocence. The praetor peregrinus, which roughly means chief justice for foreigners, presided over civil cases between Roman citizens and non-Romans.

The praetors also issued the Praetor's Edict, which stated the praetor's policy on judicial matters for their term of office. Praetors endorsed much of the content of previous edicts, thus ensuring continuity. Although praetors were not legislators and could not introduce new laws, they could make amendments. These introduced needed innovations. Therefore, the development an improvement of Roman law owed a lot to the praetors. Since the praetors were politicians, not lawyers, they often submitted consulta (written questions) to jurists (legal experts) and their replies were often used for the compilation of the edicts. Appeal cases were handled by the popular assemblies, not the courts until 82 BC, when Lucius Cornelius Sulla transferred the hearing of appeal cases to new jury courts which were controlled by the patricians to strengthen the power of the patricians (aristocracy).

The legislative was very different and it, too, was not like a separate branch of government. The senate was not an elected body, Therefore it was not a representative of the people. Its members were originally drawn from the aristocracy and former senior officers of state. Later it was composed exclusively of former officers of state, but senior and junior. It was the bulwark of the aristocracy. It was an advisory body. It advised on legislation and policies. It did not propose or vote on bills. However, it could issue decrees, which was one of the things which made powerful.

Bills were voted on by the Roman citizens directly in the popular assemblies: the assembly of the soldiers, the assembly of the tribes and the plebeian council. They did not form a branch of government as such in that they were only bodies for the vote by citizens. The assembly of the soldiers also elected the senior officers of state, voted on war or peace and acted as an appeal court for capital punishment cases until 82 BC (see above). The assembly of the tribes elected the junior officers of state and acted as court of appeal for other cases, also until 82 BC. Over time, the plebeian council become the main body for voting on bills. The bills were originally proposed by the consuls, but over times the plebeian tribunes became the main proposers of legislation.