What was the significance of the passage of hortensian law?

Answer 1

The Lex Hortensia of 284 BC, like the Lex Valeria et Horatia of 449 BC and the Lex Publilia Philons of 339 BC, stated that the the deliberations of the plebeian council (plebiscites) carried the force of law and were binding on all citizens (patricians and plebeians). What distinguished the Lex Hortensia was that it stipulated that plebiscites were not subjected to a senatus consultum. This was written advice on laws issued by the patricians in the senate. As it held auctoritas patrum (patrician authority) it gave the senate's opinion a lot of weight. It is not clear what this auctoritas was exactly, but it is unlikely that it was a right to veto laws. This is suggested by the fact the the Lex Publilia Philonis' innovation was that it stipulated that the senatum consultum be issued before the vote instead of afterwards. This was meant to reduce the senate's ability to obstruct new legislation (most of which was advanced by the plebeians). It is likely that the consultum dealt the law's technicalities, especially religious ones. Religion played a part in all aspects of life, including legislation. Thus, the senatum consultum was reduced to the formality of checking that the draft of a law was free of religious flaws before it was put to the vote. It became less of a tool to obstruct a law approved by the vote of the people on such grounds. The Lex Hortensia removed patrician obstruction of deliberations proposed by plebeians altogether.

This was part of a gradual process that opened up Roman public office and legislation to the plebeians which was resisted by conservative patricians who wanted to restrict power to their own order. This process was led by struggles by the plebeians to promote their interests and advancement which sometimes involved open rebellion. It also came to be supported by liberal patricians who allied with wealthy plebeians to form a new patrician-plebeian nobility and sideline the conservative patricians. The Lex Hortensia is seen as the culmination of this process.