Ius auxilii

The ius auxilii (right of assistance ) was the oldest constitutional authority of the tribunes ( tribuni plebis ) since the Roman Republic , which protected the individual Roman citizen from the arbitrary state of the magistrates . The ius auxilii can be understood as organized self-help against the patrician empire , also as a right of self-defense.

republic

Outwardly, the tribune already claimed the right to help as a protection officer of the plebs in the pre-decemviral period. They made use of this when attacks by the aristocracy threatened. This right to help and the later associated right of intercession ( ius intercedendi ) as well as the right of prohibition ( ius prohibendi ) of an inviolable plebeian tribune, together with the right of provocation ( ius provocationis ), was the constitutional result for the republic from the class battles with the patricians . With the right to intercession, unpleasant official acts could be prevented "on an equal footing". Its associated tribunician power produced the inviolability of the Tribune. Sacred sanctity, on the other hand, was a solemnly declared right to defend itself against state power, which accepted this open resistance.

The ius auxilii could not be used by the citizen in times of crisis. The dictator's orders and edicts were absolute and irreversible during his six-month term in office.

Principate

In addition to the already held inviolability of a tribune of the people, Emperor Augustus claimed in 30 BC. In addition to other official attributes, the ius auxilii explicitly for itself. He legalized the procedure by separating the plebeian office ( tribuni plebis ) from official authority ( tribunicia potestas ) and thus transferring tribunician legal competence ( potestas ) to him as a patrician. Augustus then claimed a lifelong imperium proconulare maius .

literature

Jochen Bleicken : Augustus: A biography. Rowohlt-Taschenbuch-Verl., Reinbek bei Hamburg 2010, ISBN 978-3-499-62650-0 , pp. 350–352.
Max Kaser : Roman legal history. Verlag Vandenhoeck & Ruprecht, 2nd edition, Göttingen 1967, pp. 41-45, 88, 103 ( digitized version ).
Wolfgang Kunkel , Martin Schermaier : Roman legal history . 13th edition, Böhlau, Cologne a. a. 2001, ISBN 978-3-8252-2225-3 , pp. 21, 27-30, 91, 110-111.
Wolfgang Kunkel with Roland Wittmann : State order and state practice of the Roman Republic. Second part. The magistrate . Munich 1995, ISBN 3-406-33827-5 (by Wittmann completed edition of the work left unfinished by Kunkel). Pp. 587-592.

Individual evidence

↑ ^a ^b ^c Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau Verlag , Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 7, 11.
↑ Jochen Bleicken : The People's Tribunate of the Classical Republic: Studies on its development between 287 and 133 BC Chr. (= Zetemata. Volume 13). Beck, Munich 1955. 2nd edition 1968. p. 48.
↑ Titus Livius 3, 55, 6.
^ Stefan Malorny: Executive veto rights in the German constitutional system. A systematic presentation and critical appraisal with special consideration of the legal historical development as well as the institutional fit into the parliamentary democratic structures of Germany and Europe. (= Göttingen writings on public law. Vol. 2). Universitäts-Verlag, Göttingen 2011 (also dissertation at the University of Göttingen 2010), ISBN 978-3-86395-002-6 . P. 13.

[Selb-1] Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau Verlag , Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 7, 11.

[2] Jochen Bleicken : The People's Tribunate of the Classical Republic: Studies on its development between 287 and 133 BC Chr. (= Zetemata. Volume 13). Beck, Munich 1955. 2nd edition 1968. p. 48.

[3] Titus Livius 3, 55, 6.

[4] Stefan Malorny: Executive veto rights in the German constitutional system. A systematic presentation and critical appraisal with special consideration of the legal historical development as well as the institutional fit into the parliamentary democratic structures of Germany and Europe. (= Göttingen writings on public law. Vol. 2). Universitäts-Verlag, Göttingen 2011 (also dissertation at the University of Göttingen 2010), ISBN 978-3-86395-002-6 . P. 13.