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List of countries by tertiary education attainment
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This is a list of countries by 25- to 64-year-olds having completed tertiary education as published by the OECD. It includes some non-OECD members.
Tertiary education is the educational level following the completion of a school providing a secondary education. The World Bank, for example, defines tertiary education as including universities as well as institutions that teach specific capacities of higher learning such as colleges, technical training institutes, community colleges, nursing schools, research laboratories, centers of excellence, and distance learning centers.[1]
Contents
[hide]
1 2014 OECD data
2 Countries by Level of Tertiary Education
3 See also
4 Notes
5 References
6 External links
2014 OECD data[edit]
Tertiary education attainment by age group
Source: OECD[2]
Including non-OECD member countries: Brazil, China, Colombia, Costa Rica, Indonesia, Latvia, Lithuania, Russia, Saudi Arabia, South Africa

No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

Country
Age
25-64
(%)
Age

Year

Non-OECD
25-34
(%)
35-44
(%)
45-54
(%)
55-64
(%)
Australia 42 48 46 38 33 2014
Austria 30 38 33 27 21 2014
Belgium 37 44 42 34 26 2014
Brazil 14 15 14 14 11 2013
Canada 54 58 61 51 45 2014
Chile 21 27 24 17 14 2013
China 10 18 9 6 4 2010
Colombia 22 28 23 18 16 2014
Costa Rica 18 21 19 17 17 2014
Czech Republic 22 30 21 20 15 2014
Denmark 36 42 41 33 29 2014
Estonia 38 40 39 35 36 2014
Finland 42 40 50 44 34 2014
France 32 44 39 26 20 2013
Germany 27 28 29 26 25 2014
Greece 28 39 27 26 21 2014
Hungary 23 32 25 20 17 2014
Iceland 37 41 42 36 29 2014
Indonesia 8 10 9 8 4 2011
Ireland 41 51 49 34 24 2014
Israel 49 46 53 48 47 2014
Italy 17 24 19 13 12 2014
Japan 48 59 53 47 35 2014
Latvia 30 39 31 27 23 2014
Lithuania 37 53 38 30 28 2014
Luxembourg 46 53 56 40 32 2014
Mexico 19 25 17 16 13 2014
Netherlands 34 44 38 30 27 2014
New Zealand 36 40 41 32 29 2014
Norway 42 49 49 36 32 2014
Poland 27 43 32 18 14 2014
Portugal 22 31 26 17 13 2014
Russia 54 58 55 53 50 2013
Saudi Arabia 22 26 22 18 14 2013
Slovakia 20 30 21 15 14 2014
Slovenia 29 38 35 24 18 2014
South Africa 7 5 7 8 7 2012
South Korea 45 68 56 33 17 2014
Spain 35 41 43 30 21 2014
Sweden 39 46 46 32 30 2014
Switzerland 40 46 45 38 31 2014
Turkey 17 25 16 10 10 2014
United Kingdom 42 49 46 38 35 2014
United States 44 46 47 43 41 2014
Countries by Level of Tertiary Education[edit]
This is a list of countries by the level of tertiary education completed by 25-34 year olds measured by the percent of the population. This list contains the percentage of 25-34 year olds that have obtained at least a 2-year tertiary degree or its equivalent. In the United States an associate's degree refers to this level of tertiary education. This list also contains the percent of 25-34 year olds that have completed a 4-year degree or higher. In the United States a bachelor's degree refers to this level of tertiary education. Additionally this list contains the percent of 25-34 year olds that have completed a 6-year degree or higher. In the United States a master's degree refers to this level of tertiary education. The source for this list is the OECD as published by OECD Education at a glance 2016. [3]

Country
Age 25-34

Year

Non-OECD
Equivalent to a 2 Year degree or higher (%)
Equivalent to a 4 Year degree or higher (%)
Equivalent to a 6 Year degree or higher (%)
Australia 48 39 9 2015
Austria 39 24 15 2015
Belgium 43 43 20 2015
Brazil 16 16 NA 2014
Canada 59 34 9 2015
Chile 27 19 1 2013
China 18 8 1 2010
Colombia 27 27 NA 2015
Costa Rica 28 18 1 2015
Czech Republic 31 31 20 2015
Denmark 44 40 17 2015
Estonia 41 39 16 2015
Finland 41 41 14 2015
France 45 28 16 2014
Germany 30 28 14 2015
Greece 40 39 3 2015
Hungary 32 29 13 2015
Iceland 40 37 11 2015
Indonesia 11 11 NA 2013
Ireland 52 40 11 2015
Israel 46 35 7 2015
Italy 25 25 15 2015
Japan 60 40 NA 2015
Latvia 40 35 12 2015
Lithuania 55 55 17 2015
Luxembourg 50 44 27 2015
Mexico 21 20 1 2015
Netherlands 45 44 17 2015
New Zealand 39 36 4 2015
Norway 48 34 13 2015
Poland 43 43 31 2015
Portugal 33 33 21 2015
Russia 58 58 NA 2013
Saudi Arabia 26 26 NA 2014
Slovakia 31 31 25 2015
Slovenia 41 34 24 2015
South Africa 14 14 NA 2014
South Korea 69 47 NA 2015
Spain 41 28 17 2015
Sweden 46 35 14 2015
Switzerland 49 49 23 2015
Turkey 28 19 2 2015
United Kingdom 49 42 14 2015
United States 47 36 11 2015
See also[edit]
Education by country
List of universities and colleges by country
List of countries by secondary education attainment
Notes[edit]
Jump up ^ "Tertiary Education (Higher Education)". The World Bank.
Jump up ^ "OECD.Stat Education and Training > Education at a Glance > Educational attainment and labor-force status > Educational attainment of 25-64 year-olds". OECD.
Jump up ^ http://www.keepeek.com/Digital-Asset-Management/oecd/education/education-at-a-glance-2016_eag-2016-en#page44 OECD Education at a glance 2016
References[edit]
Brick, Jean (2006). "What is academic culture?". Academic Culture: A Student's Guide to Studying at University. Sydney, N.S.W: National Centre for English Language Teaching and Research. pp. 1–10. ISBN 978-1-74138-135-1.
External links[edit]
Tertiary education statistics, UNESCO
Quality Research International – (Glossary)
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text:
Judicial independence
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.
Different countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.
In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty or by declaring laws passed by the legislature unconstitutional.
Contents
1 Economic basis
2 Development of the concept
2.1 National and international developments
2.2 International standards
2.3 The justice system
3 Canada
4 Hong Kong
5 United Kingdom
5.1 England and Wales
5.1.1 History
5.1.2 Contemporary usage
6 United States of America
6.1 Federal courts
6.2 State courts
7 See also
8 References
9 External links
Economic basis[edit]
Constitutional economics studies issues such as the proper distribution of national wealth including government spending on the judiciary. In transitional and developing countries, spending on the judiciary may be controlled by the executive. This undermines the principle of judicial independence because it creates a financial dependence of the judiciary on the executive. It is important to distinguish between two methods of corruption of the judiciary: the state (through budget planning and privileges) being the most dangerous, and private. State corruption of the judiciary can impede the ability of businesses to optimally facilitate the growth and development of a market economy.[1]
In some countries, the constitution also prohibits the legislative branch from reducing salaries of sitting judges.
Development of the concept[edit]
National and international developments[edit]
The development of judicial independence has been argued to involve a cycle of national law having an impact on international law, and international law subsequently impacting national law.[2] This is said to occur in three phases: the first phase is characterized by the domestic development of the concept of judicial independence, the second by the spread of these concepts internationally and their implementation in international law, and the third by the implementation in national law of these newly formulated international principles of judicial independence.[2]
A notable example illustrating this cycle is the United Kingdom. The first phase occurred in England with the original conception of judicial independence in the Act of Settlement 1701.[3] The second phase was evident when England’s concepts regarding judicial independence spread internationally, and were adopted into the domestic law of other countries; for instance, England served as the model for Montesquieu’s separation of powers doctrine,[4] and the Founding Fathers of the US Constitution used England as their dominant model in formulating the Constitution’s Article III, which is the foundation of American judicial independence.[5] Other common law countries, including Canada, Australia, and India, also adopted the British model of judicial independence.[6]
In recent decades the third phase of judicial independence has been evident in the UK,[7] as it has been significantly influenced by judicial independence principles developed by international human rights constitutional documents. The European Court of Human Rights (ECtHR) has had a significant impact on the conceptual analysis of judicial independence in England and Scotland. This process began in the 1990s with the ECtHR hearing UK cases and, more significantly, in the application of the European Convention on Human Rights in British law through the Human Rights Act 1998, which came into force in the UK in 2000.[8]
Where British national law had previously impacted the international development of judicial independence, the British Constitutional Reform Act 2005[9] marked a shift, with international law now impacting British domestic law. The Constitutional Reform Act dramatically reformed government control over the administration of justice in England and Wales; importantly, it discontinued the position of the Lord Chancellor, one of the country’s oldest constitutional offices, who was entrusted with a combination of legislative, executive, and judicial capacities.[10] The Lord Chancellor served as speaker of the Upper House of Parliament, the House of Lords; as a member of the executive branch and member of the senior cabinet; and as the head of the judiciary. Historically, the appellate function had a connection with the executive branch due to the types of cases typically heard – impeachment and the hearing of felony charges against peers.[11] The Constitutional Reform Act established new lines of demarcation between the Lord Chancellor and the judiciary, transferring all the judicial functions to the judiciary and entrusting the Lord Chancellor only with what are considered administrative and executive matters. In addition, the Constitutional Reform Act replaced the Lord Chancellor by the Lord Chief Justice as head of the judiciary, separated the judicial Appellate Committee of the House of Lords from the legislative parliament, reforming it as the Supreme Court, and creating a Judicial Appointments Commission.[12] The creation of the Supreme Court was important, for it finally separated the highest court of appeal from the House of Lords.[13]
Thus, the United Kingdom, where judicial independence began over three hundred years ago, illustrates the interaction over time of national and international law and jurisprudence in the area of judicial independence. In this process, concepts and ideas have become enriched as they have been implemented in successive judicial and political systems, as each system has enhanced and deepened the concepts and ideas it actualized. In addition to the UK, similar developments of conceptual cross-fertilization can be seen internationally, for example in European Union law,[14] in civil law countries such as Austria, and in other common law jurisdictions including Canada.[15]
International standards[edit]
The International Association of Judicial Independence and World Peace produced the Mt. Scopus International Standards of Judicial Independence between 2007 and 2012. These built on the same association's New Delhi Minimum Standards on Judicial independence adopted in 1982 and their Montréal Universal Declaration on the Independence of Justice in 1983. Other influences they cite for the standards include the UN Basic Principles of Judicial Independence from 1985, the Burgh House Principles of Judicial Independence in International Law (for the international judiciary), Tokyo Law Asia Principles, Council of Europe Statements on judicial independence (particularly the Recommendation of the Committee of Ministers to Member States on the independence, efficiency and role of judges), the Bangalore Principles of Judicial Conduct 2002, and the American Bar Association's revision of its ethical standards for judges.[16]
The justice system[edit]
In recent years, the principle of judicial independence has been described as one of the core values of the justice system.[17]
Canada[edit]
Canada has a level of judicial independence entrenched in its Constitution, awarding superior court justices various guarantees to independence under sections 96 to 100 of the Constitution Act, 1867. These include rights to tenure (although the Constitution has since been amended to introduce mandatory retirement at age 75) and the right to a salary determined by the Parliament of Canada (as opposed to the executive). In 1982 a measure of judicial independence was extended to inferior courts specializing in criminal law (but not civil law) by section 11 of the Canadian Charter of Rights and Freedoms, although in the 1986 case Valente v. The Queen it was found these rights are limited. They do, however, involve tenure, financial security and some administrative control.
The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges. The unwritten norm is said to be implied by the preamble to the Constitution Act, 1867. Consequently, judicial compensation committees such as the Judicial Compensation and Benefits Commission now recommend judicial salaries in Canada. There are two types of judicial independence: institutional independence and decisional independence. Institutional independence means the judicial branch is independent from the executive and legislative branches. Decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without letting the media, politics or other concerns sway their decisions, and without fearing penalty in their careers for their decisions.
Hong Kong[edit]
In Hong Kong, independence of the judiciary has been the tradition since the territory became a British crown colony in 1842. After the 1997 transfer of sovereignty of Hong Kong to the People's Republic of China pursuant to the Sino-British Joint Declaration, an international treaty registered with the United Nations, independence of the judiciary, along with continuation of English common law, has been enshrined in the territory's constitutional document, the Basic Law.[18][19] In recent years, this independence has been put into question after a number of interventions from China on several cases which swayed rulings in the Executive's favour, most notably the Hong Kong Legislative Council oath-taking controversy of 2016.[20]
United Kingdom[edit]
England and Wales[edit]
Main article: Judiciary of England and Wales
History[edit]
During the middle ages, under the Norman monarchy of the Kingdom of England, the king and his Curia Regis held judicial power. Judicial independence began to emerge during the early modern period; more courts were created and a judicial profession grew. By the fifteenth century, the king's role in this feature of government became small.[21] Nevertheless, kings could still influence courts and dismiss judges. The Stuart dynasty used this power frequently in order to overpower the Parliament of England. After the Stuarts were removed in the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the judiciary. King William III approved the Act of Settlement 1701, which established tenure for judges unless Parliament removed them.[22][23]
Contemporary usage[edit]
Under the uncodified British Constitution, there are two important conventions which help to preserve judicial independence. The first is that the Parliament of the United Kingdom does not comment on the cases which are before the court. The second is the principle of parliamentary privilege: that Members of Parliament are protected from prosecution in certain circumstances by the courts.[citation needed]
Furthermore, the independence of the judiciary is guaranteed by the Constitutional Reform Act 2005.[24] In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. The process focuses on senior members of the judiciary rather than on politicians. Part 2 of the Tribunals, Courts and Enforcement Act 2007 aims to increase diversity among the judiciary.[citation needed]
The pay of judges is determined by an independent pay review body. It makes recommendations to the government after taking evidence from a variety of sources. The government accepts these recommendations and will traditionally implement them fully. As long as judges hold their positions in "good order," they remain in post until they wish to retire or until they reach the mandatory retirement age of 70.[citation needed]
Until 1 January 2010, the legal profession was self-regulating; with responsibility for implementing and enforcing its own professional standards and disciplining its own members. The bodies which performed this function were the Bar Council and the Law Society. However, this self-regulation came to an end when approved regulators came under the regulation of the Legal Services Board, composed of non-lawyers, following the passage of the Legal Services Act 2007. This saw the establishment of the Solicitors Regulation Authority to regulate solicitors and the Bar Standards Board to regulate barristers.[25]
United States of America[edit]
Federal courts[edit]
Article III of the United States Constitution establishes the federal courts as part of the federal government.
The Constitution provides that federal judges, including judges of the Supreme Court of the United States, are appointed by the President "by and with the advice and consent of the Senate." Once appointed, federal judges:
...both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Federal judges vacate office only upon death, resignation, or impeachment and removal from office by Congress; only 13 federal judges have ever been impeached. The phrase "during good behavior" predates the Declaration of Independence. John Adams equated it with quamdiu se bene gesserint in a letter to the Boston Gazette published on 11 January 1773,[26] a phrase that first appeared in section 3 of the Act of Settlement 1701 in England.
The President is free to appoint any person to the federal bench, yet typically he consults with the American Bar Association, whose Standing Committee on the Federal Judiciary rates each nominee "Well Qualified," "Qualified" or "Not Qualified."
State courts[edit]
State courts deal with independence of the judiciary in many ways, and several forms of judicial selection are used for both trial courts and appellate courts (including state supreme courts), varying between states and sometimes within states. In some states, judges are elected (sometime on a partisan ballot, other times on a nonpartisan one), while in others they are appointed by the governor or state legislature.
The 2000 case of Bush v. Gore, in which a majority of the Supreme Court, including some appointees of President George H. W. Bush, overruled challenges to the election of the George W. Bush then pending in the Florida Supreme Court, whose members had all been appointed by Democratic governors, is seen by many as reinforcing the need for judicial independence, both with regard to the Florida Supreme Court and the US Supreme Court. This case has increased focus and attention on judicial outcomes as opposed to the traditional focus on judicial qualifications.
See also[edit]
Judicial reform
Judiciary in Russia
Political corruption § Judiciary corruption
Rule According to Higher Law
Rule of law
Separation of powers
References[edit]
Jump up ^ Peter Barenboim, Defining the rules, The European Lawyer, Issue 90, October 2009
^ Jump up to: a b S Shetreet, ‘The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges’ (2009) 10 Chicago Journal of International Law 275-332
Jump up ^ See generally Shimon Shetreet book, Judges on Trial.
Jump up ^ See Baron de Montesquieu, The Spirit of the Laws (Hafner 1949) (Thomas Nugent, trans).
Jump up ^ Article III of the US Constitution provides that “the judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office.”
Jump up ^ Shetreet, Judicial Independence. See also Peter H. Russell, The Judiciary in Canada: The Third Branch of Government (McGraw-Hill Ryerson 1987); John Bell, Judicial Cultures and Judicial Independence, 4 Cambridge YB Eur Legal Studies 47 (2001).
Jump up ^ UK Human Rights Act - 1998
Jump up ^ Human Rights Act (1998), ch 42 (UK), available online at < "Archived copy". Archived from the original on 2010-09-01. Retrieved 2013-01-02. > (visited Mar 27, 2009).
Jump up ^ Constitutional Reform Act (2005), ch 4 (UK). For a detailed analysis of the history of this act, see Lord Windlesham, The Constitutional Reform Act 2005: The Politics of Constitutional Reform, 2006 Pub L 35; Lord Windlesham, The Constitutional Reform Act 2005: Ministers, Judges and Constitutional Change, 2005 Pub L 806. For accounts of the main players, see Lord Woolf, The Pursuit of Justice 161–74 (Oxford 2008); Lord Phillips, Constitutional Reform: One Year On, The Judicial Studies Board Annual Lecture (Mar 22, 2007); Lord Woolf, The Rule of Law and a Change in the Constitution, 2004 Camb L J 317; Tom Bingham, The Business of Judging: Selected Essays and Speeches 55–68 (Oxford 2000). All three authors served as lord chief justice in these formative years. Lord Woolf was active in the shaping of the legislation and Lord Phillips succeeded him
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Robert Stevens, Law and Politics: The House of Lords as a Judicial Body, 1800-1976 (University of North Carolina Press, 1978), at 6
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 113
Jump up ^ See Treaty on European Union, art F, 1992 OJ (C 191) 1 (Jul 29, 1992). Paragraph 2 of Article F states, “The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms . . . and as they result from the constitutional traditions common to the Member States, as general principles of Community law.”
Jump up ^ See, for example, Valente v The Queen, [1985] 2 SCR 673 (Canada)
Jump up ^ "Mt. Scopus Approved Revised International Standards of Judicial Independence Approved March 19, 2008". International Association of Judicial Independence and World Peace - International Project of judicial independence. Retrieved 11 October 2014.
Jump up ^ Shimon Shetreet, Fundamental Values of the Justice System, 23 THE EUROPEAN BUSINESS LAW REVIEW 61-76, (2012).
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 1, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 4, Section 4, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "Hundreds of Hong Kong lawyers in silent march against Beijing oath ruling". South China Morning Post. 8 November 2016.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, Supreme Court of Canada, para. 305.
Jump up ^ "Independence". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, para. 306.
Jump up ^ "Constitutional reform". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ UK Parliament. Legal Services Act 2007 as amended (see also enacted form), from legislation.gov.uk.
Jump up ^ Adams, John (1851). The Works of John Adams, Vol 3. Boston: Little and Brown. p. 522.
External links[edit]
Independence of the judicial system Part I. The Independence of Judges Part II - the Prosecution Service Venice Commission, 2010
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Roman dictator
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A dictator was a magistrate of the Roman Republic, entrusted with the full authority of the state to deal with a military emergency or to undertake a specific duty. All other magistrates were subordinate to his imperium, and the right of the plebeian tribunes to veto his actions or of the people to appeal from them was extremely limited. However, in order to prevent the dictatorship from threatening the state itself, severe limitations were placed upon its powers: a dictator could only act within his intended sphere of authority; and he was obliged to resign his office once his appointed task had been accomplished, or at the expiration of six months. Dictators were regularly appointed from the earliest period of the Republic down to the Second Punic War, but the magistracy then went into abeyance for over a century, until it was revived in a significantly modified form, first by Sulla, and then by Julius Caesar. The office was formally abolished after the death of Caesar, and not revived under the Empire.[1][2][3]
Contents
[hide]
1 Origin
2 Nomination
3 Insignia
4 Powers and limitations
5 Magister equitum
6 Decline and disappearance
6.1 The dictatorship revived
6.2 Abolition
7 List of Roman dictators
8 See also
9 Footnotes
10 References
11 Bibliography
Origin[edit]
With the abolition of the Roman monarchy in 509 BC, the imperium, or executive power, of the king was divided between two annually-elected magistrates, known as praetors. In time they would come to be known as consuls, although probably not until the creation of a third, junior praetor in 367 BC.[4] Neither consul was superior to the other, and the decisions of one could be appealed to the other (provocatio). Their insignia were the toga praetexta and the sella curulis, and each was attended by an escort of twelve lictors, each of whom bore the fasces, a bundle of rods topped by an axe; but by custom the lictors had to remove the axes from their fasces within the pomerium, the sacred boundary of Rome, to signify that the people, and not the consuls, were sovereign.[5]
After several years,[i] the fear of impending war with both the Sabines and the Latin League, combined with widespread suspicion that one or both of the consuls favoured the restoration of the monarchy, led to the call for a praetor maximus, or dictator ("one who gives orders"), akin to the supreme magistrate of other Latin towns.[7][2] According to most authorities, the first dictator was Titus Lartius, who appointed Spurius Cassius his magister equitum.[7][ii]
Although there are indications that the term praetor maximus may have been used in the earliest period,[iii] the official title of the dictator throughout the history of the Republic was magister populi, or "master of the infantry". His lieutenant, the magister equitum, was the "master of the horse" (that is, of the cavalry[iv]). However, the use of dictator to refer to the magister populi seems to have been widespread from a very early period.[2][11]
Nomination[edit]
The appointment of a dictator involved three steps: first, the Senate would issue a decree known as a senatus consultum, authorizing one of the consuls to nominate a dictator. Technically, a senatus consultum was advisory, and did not have the force of law, but in practice it was nearly always followed.[v] Either consul could nominate a dictator. If both consuls were available, the dictator was chosen by agreement; if they could not agree, the consuls would draw lots for the responsibility.[13] Finally, the Comitia Curiata would be called upon to confer imperium on the dictator through the passage of a law known as a lex curiata de imperio.[1][2][11]
A dictator could be nominated for different reasons, or causa. The three most common were rei gerundae causa, "for the matter to be done", used in the case of dictators appointed to hold a military command against a specific enemy; comitiorum habendorum causa, for holding the comitia, or elections, when the consuls were unable to do so; and clavi figendi causa, an important religious rite involving the driving of a nail into the wall of the Temple of Jupiter Optimus Maximus, as a protection against pestilence.[vi][2][11] Other reasons included seditionis sedandae causa ("to quell sedition"); ferarium constituendarum causa (to establish a religious holiday in response to a dreadful portent[vii]); ludorum faciendorum causa (to hold the Ludi Romani, or "Roman Games", an ancient religious festival); quaestionibus exercendis, (to investigate certain actions);[16] and in one extraordinary case, senatus legendi causa, to fill up the ranks of the Senate after the Battle of Cannae.[17][18] These reasons could be combined (seditionis sedandae et rei gerundae causa), but are not always recorded or clearly stated in ancient authorities, and must instead be inferred.[19]
In the earlier period it was customary to nominate someone whom the consul considered the best available military commander; often this was a former consul, but this was never required. However, from 360 BC onward, the dictators were usually consulares.[2][viii] Normally there was only one dictator at a time, although a new dictator could be appointed following the resignation of another.[ix] A dictator could be compelled to resign his office without accomplishing his task or serving out his term if there were found to be a fault in the auspices under which he had been nominated.[22][23]
Insignia[edit]
Like other curule magistrates, the dictator was entitled to the toga praetexta and the sella curulis. He received a ceremonial bodyguard that was unique in Roman tradition: "[t]wenty-four lictors indicated his quasi-regal power, which, however, was rather a concentration of the consular authority than a limited revival of the kingship."[2][x]
In a notable exception to the Roman reluctance to reconstitute the symbols of the kings, the lictors of the dictator never removed the axes from their fasces, even within the pomerium. Symbolizing their power over life and death, the axes of a dictator's lictors set him apart from all other magistrates.[1] In an extraordinary sign of deference, the lictors of other magistrates could not bear fasces at all when appearing before the dictator.[24]
As the kings had been accustomed to appear on horseback, this right was forbidden to the dictator, unless he first received permission from the comitia.[25][26][11]
Powers and limitations[edit]
Roman Dictator Quintus Fabius Maximus Verrucosus
In addition to holding a military command and carrying out the actions decreed by the Senate, a dictator could summon the Senate or convene one of the legislative assemblies of the Roman people. The full extent of the dictatorial power was considerable, but not unlimited. It was circumscribed by the conditions of a dictator's appointment, as well as by the evolving traditions of Roman law, and to a considerable degree depended on the dictator's ability to work together with other magistrates. The precise limitations of this power were not sharply defined, but subject to debate, contention, and speculation throughout Roman history.[27]
In the pursuit of his causa, the dictator's authority was nearly absolute. However, as a rule he could not exceed the mandate for which he was appointed; a dictator nominated to hold the comitia could not then take up a military command against the wishes of the Senate.[xi][xii] Some dictators appointed to a military command also performed other duties, such as holding the comitia, or driving a nail into the wall of the Temple of Jupiter Optimus Maximus; but presumably they did so with the Senate's consent.[30][31]
The imperium of the other magistrates was not vacated by the nomination of a dictator. They continued to perform the duties of their office, although subject to the dictator's authority, and continued in office until the expiration of their year, by which time the dictator had typically resigned.[2][24] It is uncertain whether a dictator's imperium could extend beyond that of the consul by whom he was nominated; Mommsen believed that his imperium would cease together with that of the nominating magistrate, but others have suggested that it could continue beyond the end of the civil year; and in fact there are several examples in which a dictator appears to have entered a new year without any consuls at all, although some scholars doubt the authenticity of these dictator years.[32][33][11]
Initially a dictator's power was not subject to either provocatio, the right to appeal from the decision of a magistrate, or intercessio, the veto of the tribunes of the plebs.[34][35][1][2][24] However, the lex Valeria, establishing the right of appeal, was not abrogated by the appointment of a dictator, and by 300 BC even the dictator was subject to provocatio, at least within the city of Rome.[36][2][24] There is also evidence that the power of the plebeian tribunes was not vitiated by the dictator's commands, and 210 BC, the tribunes threatened to prevent elections held by the dictator, Quintus Fulvius Flaccus, unless he agreed to withdraw his name from the list of candidates for the consulship.[37][38][24][xiii]
A dictator was expected to resign his office upon the successful completion of the task for which he was appointed, or at the expiration of six months.[1][2] These sharp limitations were intended to prevent the dictatorship from too closely resembling the absolute power of the Roman kings.[2] But the six month limitation may have been dispensed with when the Senate deemed it expedient; no consuls are known for the years 333, 324, 309, and 301, and it is reported that the dictator and magister equitum continued in office without any consuls.[33]
Most authorities hold that a dictator could not be held to account for his actions after resigning his office, the prosecution of Marcus Furius Camillus for misappropriating the spoils of Veii being exceptional, as perhaps was that of Lucius Manlius Capitolinus in 362,[xiv] which was dropped only because his son, Titus,[xv] threatened the life of the tribune who had undertaken the prosecution.[40][1] However, some scholars suggest that the dictator was only immune from prosecution during his term of office, and could theoretically be called to answer charges of corruption.[24]
Magister equitum[edit]
Main article: magister equitum
The dictator's lieutenant was the magister equitum, or "master of the horse". He would be nominated by the dictator immediately upon his own appointment, and unless the senatus consultum specified the name of the person to be appointed, the dictator was free to choose whomever he wished.[1][2] It was customary for the dictator to nominate a magister equitum even if he were appointed for a non-military reason. Before the time of Caesar, the only dictator who refused to nominate a magister equitum was Marcus Fabius Buteo in 216 BC, and he strenuously objected to his own nomination, because there was already a dictator in the field.[17]
Like the dictator, the magister equitum was a curule magistrate, entitled to the toga praetexta and the sella curulis. His imperium was equivalent to that of a praetor (in the later use of the term), in that he was accompanied by six lictors, half the number accorded to the consuls. But like the dictator, he could summon the Senate, and probably also the popular assemblies. His authority was not subject to recall, although if the dictator were compelled to resign due to a fault in the auspices, the magister equitum was also expected to resign, and when the dictator laid down his imperium, so would the magister equitum.[27]
In theory, the magister equitum was commander of the cavalry, but he was not limited to that role. The dictator and magister equitum did not always take the field together; in some instances the magister equitum was assigned the defense of the city while the dictator took an army into the field, while on other occasions the dictator remained at Rome to see to some important duty, and entrusted the magister equitum with an army in the field.[2] The magister equitum was necessarily subordinate to the dictator, although this did not always prevent the two from disagreeing.[27][xvi]
Decline and disappearance[edit]
During the first two centuries of the Republic, the dictatorship served as an expedient means by which a powerful magistracy could be created quickly in order to deal with extraordinary situations.[11] Created for military emergencies, the office could also be used to suppress sedition and prevent the growing number of plebeians from obtaining greater political power.[11] In the Conflict of the Orders, the dictator could generally be counted upon to support the patrician aristocracy, since he was always a patrician, and was nominated by consuls who were exclusively patrician. After the lex Licinia Sextia gave plebeians the right to hold one of the annual consulships, a series of dictators were appointed in order to hold elections, with the apparent goal of electing two patrician consuls, in violation of the Licinian law.[41][xvii]
After the Second Samnite War, the dictatorship was relegated almost exclusively to domestic activities. No dictator was nominated during the Third Samnite War, and the six-month limitation on its powers made the dictatorship impractical for campaigns beyond the Italian peninsula.[2][27] In 249 BC, Aulus Atilius Calatinus became the only dictator to lead an army outside Italy, when he invaded Sicily, and he was the only dictator to hold a military command during the First Punic War.[42] The last dictators to lead an army in the field were Quintus Fabius Maximus Verrucosus in 217, and Marcus Junius Pera the following year, during the early stages of the Second Punic War.[43] All of the other dictators appointed during that conflict remained at Rome in order to hold the comitia;[xviii] the last dictator named in the traditional manner was Gaius Servilius Geminus, in 202 BC.[46][47][xix]
The dictatorship revived[edit]
Bust presumed to be that of Roman Dictator Lucius Cornelius Sulla
For the next century, Rome's ordinary magistrates and promagistrates successfully carried on all Roman campaigns, without the need for a dictator, and the office fell into abeyance. Then, in 82 BC, the dictatorship was suddenly revived by Sulla. Sulla, already a successful general, had previously marched on Rome and taken the city from his political opponents six years earlier; but after he permitted the election of magistrates for 87, and departed to campaign in the east, his enemies returned. In 83 he turned his attention to regaining Rome, and after defeating his opponents decisively the next year, the Senate and the people named him dictator legibus faciendis et rei publicae constituendae, giving Sulla the power to rewrite the Roman constitution, without any time limit.[49][xx]
Sulla's reforms of the constitution doubled the size of the Senate from 300 to 600, filling its ranks with his supporters. He then placed severe limits on the tribunician power, limiting the veto and forbidding ex-tribunes from holding higher magistracies. Although he resigned the dictatorship in 81, and held the consulship in 80, before returning to private life, Sulla's actions had weakened the Roman state and set a precedent for the concentration of power without effective limitation.[49]
The dictatorial power was then granted to Caesar in 49 BC, when he returned to Rome from his campaigns in Gaul, and put the forces of Pompeius ("Pompey the Great") to flight. He resigned the dictatorship after only eleven days, having held the comitia at which he himself was elected consul for the following year. Late in 48, Caesar was named dictator rei gerundae causa with a term of one year, and granted the tribunician power for an indefinite period. He saw to the impeachment of two tribunes who had tried to obstruct him, and having been granted censorial powers, he filled the depleted numbers of the Senate with his supporters, raising the number of senators to 900. In 47, he was named dictator for a term of ten years. Shortly before his assassination in BC 44, Caesar was named dictator perpetuo rei publicae constituendae, and given the power to appoint magistrates at will.[50][51][52]
Abolition[edit]
Caesar's murder came at the hands of conspirators who presented themselves as saviours of the Republic. In order to maintain popular support, Caesar's followers took great care to show their own commitment to preserving the Roman state. The month after the assassination, Mark Antony, who had been Caesar's magister equitum in BC 47, proposed a series of laws, confirming Caesar's actions, but allowing appeals and formally abolishing the dictatorship. These were passed, as the leges Antoniae.[53]
In 23 BC, when Caesar's nephew and heir Augustus had attained full control of the state, the Senate offered to appoint him dictator, but he declined, while at the same time accepting proconsular imperium and the tribunician power for life. Thus, Augustus preserved the appearance of respecting Republican forms, even as he arrogated most of the powers of the Roman state.[54] Following his example, none of the emperors who succeeded him ever adopted the title of dictator. When Constantine chose to revive the ancient concept of the infantry commander, he pointedly gave the office the name of magister peditum, "master of the foot", rather than magister populi, the official style of a dictator.[55]
List of Roman dictators[edit]
Main article: List of Roman dictators
See also[edit]
Constitution of the Roman Republic
Dictator
Footnotes[edit]
Jump up ^ The exact date is uncertain, as are many of the details of this event, but 501 BC is the date generally favoured by historians.[6]
Jump up ^ An alternative tradition mentioned by Livy is that the first dictator was Manius Valerius Maximus, although Livy thought this improbable, as dictators were supposed to be consulares, that is, men who had already served as consul; and had a Valerius been desired, Manius' brother, Marcus (described by Livy as either the uncle or father of Manius), consul in 505 BC, would have been chosen instead.[7] Modern historians generally share Livy's view, notwithstanding the fact that Manius Valerius was appointed dictator in BC 494, without having first held the consulship.[8]
Jump up ^ Lintott considers the evidence for praetor maximus as the original name of the magistracy inconclusive, as it depends on the interpretation of an ancient law calling for an official of this title to drive a nail into the wall of the Temple of Jupiter Optimus Maximus; the law seems to have dated from the period of the monarchy, and under the Republic was interpreted to mean that this duty should be undertaken by a dictator, as the highest-ranking magistrate; but the first to perform it after the expulsion of the Tarquins was a consul, Marcus Horatius Pulvillus. Nevertheless, the law seems to confirm the existence of such a magistracy in the time of the kings, which might be considered the forerunner of the later magister populi.[9][10]
Jump up ^ Literally, of the equites, sometimes translated as "knights".
Jump up ^ A notable exception occurred in BC 431, when the consuls Titus Quinctius Cincinnatus and Gaius Julius Mento were directed to nominate a dictator, probably after having been defeated in an attempt to dislodge the Aequi and Volsci from their fortifications on Mount Algidus. The consuls, who still felt themselves able to hold the military command, refused, until the tribunes of the plebs threatened to have them imprisoned if they did not nominate a dictator.[12]
Jump up ^ As this was an annual ritual, it must generally have been observed by the consuls; but Livy mentions an ancient law calling for it to be performed by the praetor maximus, apparently a magistrate in the time of the kings; and on at least one occasion when there was a dictator, it was interpreted to mean that the rite must be performed by the dictator, as the magistrate then holding the greatest imperium.[10]
Jump up ^ In 344 BC, "a shower of stones rained down and darkness spread over the sky in the daytime."[14] This appeared to be a repetition of an omen that occurred during the reign of Tullus Hostilius, the third King of Rome, when a shower of stones fell on the Alban Mount after the war in which Hostilius had destroyed the ancient Latin city of Alba Longa, and transferred its people to Rome. In a response, a nine-day religious festival was decreed, with the intention that it be repeated should such an omen occur again.[15]
Jump up ^ The major exception was the ill-starred Marcus Claudius Glicia, freedman of Publius Claudius Pulcher, who nominated him dictator in a fit of pique, when the Senate deprived him of his command after he had ignored ill omens and been defeated in the Battle of Drepana. The Senate compelled Glicia to abdicate the office, even before he could name a magister equitum.[20][21]
Jump up ^ The chief exception occurred in 216 BC, when Marcus Fabius Buteo was nominated dictator in order to fill up the ranks of the Senate following the Battle of Cannae, even as the dictator Marcus Junius Pera held the military command against Hannibal.[17]
Jump up ^ Lintott suggests only twelve fasces were displayed when the dictator was within the city.[24]
Jump up ^ For instance, Lucius Manlius Capitolinus was appointed clavi figendi causa, but wished to lead an army against the Hernici. He proceeded to levy troops, but was compelled to resign before he could take the field, and was prosecuted the following year.[28]
Jump up ^ However, the Senate might request a dictator for a reason other than the one publicly announced; for example Gaius Julius Iulus was ostensibly nominated in BC 352 in order to carry on a war against the Etruscans, but in fact there was no threat from the Etruscans; he was appointed in order to procure the election of two patrician consuls, in violation of the lex Licinia Sextia.[29]
Jump up ^ In this instance, the parties were deadlocked, and agreed to submit the matter to the Senate for resolution. The Senate decided that it would be better to allow Fulvius to stand for election, given his vast experience (before his dictatorship, he had been consul three times, praetor, censor, and magister equitum).[37]
Jump up ^ The precise nature of the charges differs according to source; Broughton lists four reasons given by ancient authorities: "1. remaining Dictator when his religious duty was done; 2. remaining in office beyond his legal term; 3. raising a levy with too great severity; 4. mistreatment of his son, the future T. Manlius Torquatus..."[39]
Jump up ^ The future Titus Manlius Torquatus would himself become dictator three times; in BC 353, 349, and 320, and consul twice, in 344 and 340. This was the Manlius who won his surname from having defeated a giant Gaul in single combat, and taking his torque. Despite his ill-treatment at the hands of his father, so powerful was his respect for paternal discipline, that when his eldest son disobeyed orders by engaging in single combat with the leader of the Latin cavalry (whom he defeated and slew), the consul commanded that his victorious son be scourged and beheaded.
Jump up ^ In 325 BC, the dictator Lucius Papirius Cursor was so furious when the magister equitum engaged the enemy in battle against his express orders, that he intended to have young Quintus Fabius Maximus Rullianus scourged and perhaps beheaded, notwithstanding the fact that Fabius had won a famous victory; he was restrained only when Fabius escaped and made his way to Rome, where the entire Roman people interceded on his behalf and begged the dictator to show mercy. A century later, when Fabius' grandson, Quintus Fabius Maximus Verrucosus was dictator, his magister equitum, Marcus Minucius Rufus, defied him openly, and likewise fled to Rome in fear for his life, where he convinced the Senate to grant him imperium equal to that of the dictator's. But in this case, it was the dictator who came to the rescue of his rebellious magister equitum, when Minucius improvidently offered battle and came near to destruction.[27]
Jump up ^ For example, in BC 352, the dictator Gaius Julius Iulus was nominated, ostensibly to fight a war against the Etruscans, although there was no actual threat from Etruria; however he failed to prevent the election of a plebeian consul. Two years later, the dictator Lucius Furius Camillus succeeded in procuring the election of two patricians.[41]
Jump up ^ Titus Manlius Torquatus also held the Roman games in 208 BC.[44][45]
Jump up ^ Despite the impending end of the war, there was a series of unwelcome prodigies in Italy; in Cumae the skies darkened at mid-day, and a shower of stones fell there and on the Palatine Hill at Rome. A similar omen in the time of Tullus Hostilius, the third King of Rome, had led to a nine-day religious festival, and in 344 BC, Publius Valerius Poplicola had been nominated dictator in response to a second occurrence; he also organized a religious festival. For the third occurrence in 202, a nine-day religious festival was held before the dictator Servilius was nominated, since his chief purpose was to hold the comitia.[48]
Jump up ^ The legislation was introduced by Lucius Valerius Flaccus, who had been appointed interrex at Sulla's request, as both consuls were dead. In turn, Sulla named Flaccus his magister equitum.[49]
References[edit]
^ Jump up to: a b c d e f g Harper's Dictionary of Classical Antiquities, p. 509.
^ Jump up to: a b c d e f g h i j k l m n o Oxford Classical Dictionary, p. 339 ("Dictator").
Jump up ^ Lintott, pp. 109–113.
Jump up ^ Oxford Classical Dictionary, p. 286 ("Consul").
Jump up ^ Oxford Classical Dictionary, pp. 429 ("Fasces"), 609 ("Lictores"), 639 ("Magistracy, Roman"), 1080 ("Toga").
Jump up ^ Broughton, vol. I, p. 9.
^ Jump up to: a b c Livy, ii. 18.
Jump up ^ Broughton, vol. I, pp. 9, 14.
Jump up ^ Lintott, p. 104 (note 47).
^ Jump up to: a b Livy, vii. 3.
^ Jump up to: a b c d e f g Lintott, p. 110.
Jump up ^ Livy, iv. 26.
Jump up ^ Livy, iv. 27.
Jump up ^ Livy, vii. 28, Betty Radice, trans.
Jump up ^ Livy, i. 31.
Jump up ^ Livy, ix. 27.
^ Jump up to: a b c Livy, xxiii. 23.
Jump up ^ Broughton, vol. I, pp. 112, 132, 150, 152, 248.
Jump up ^ Broughton, vol. I, p. 112.
Jump up ^ Dictionary of Greek and Roman Biography and Mythology, vol. II, p. 276.
Jump up ^ Broughton, vol. I, p. 215.
Jump up ^ Livy, viii. 15, 17, 23.
Jump up ^ Broughton, vol. I, pp. 139, 140, 145.
^ Jump up to: a b c d e f g Lintott, p. 111.
Jump up ^ Livy, xxiii. 14.
Jump up ^ Plutarch, "Life of Fabius Maximus", 4.
^ Jump up to: a b c d e Lintott, p. 112.
Jump up ^ Livy, vii. 3–5.
Jump up ^ Broughton, vol. I, p. 125.
Jump up ^ Livy, xxxiii. 14.
Jump up ^ Broughton, vol. I, p. 248.
Jump up ^ Mommsen, Römisches Staatsrecht, ii. 133–172.
^ Jump up to: a b Broughton, vol. I, pp. 140, 141, 147–149, 162, 163, 169–171.
Jump up ^ Livy, ii. 18, iii. 20.
Jump up ^ Dionysius, vi. 58.
Jump up ^ Livy, viii. 29–35.
^ Jump up to: a b Livy, xxvii. 6.
Jump up ^ Plutarch, "Life of Fabius Maximus", 9.
Jump up ^ Broughton, vol. I, p. 118.
Jump up ^ Livy, vii. 4, 5.
^ Jump up to: a b Broughton, vol. I, pp. 125, 128.
Jump up ^ Broughton, vol. I, p. 215.
Jump up ^ Broughton, vol. I, pp. 243, 248.
Jump up ^ Livy, xxvii. 34.
Jump up ^ Broughton, vol. I, p. 290.
Jump up ^ Livy, xxx. 39.
Jump up ^ Broughton, vol. I, p. 316.
Jump up ^ Livy, xxx. 38.
^ Jump up to: a b c Oxford Classical Dictionary, p. 1022 ("Sulla").
Jump up ^ Dictionary of Greek and Roman Biography and Mythology, vol. I, pp. 139–155 ("Caesar", no. 18).
Jump up ^ Oxford Classical Dictionary, pp. 189, 190 ("Caesar").
Jump up ^ Lintott, p. 113.
Jump up ^ Oxford Classical Dictionary, p. 601 ("Lex").
Jump up ^ Dictionary of Greek and Roman Biography and Mythology, vol. I, p. 428 ("Augustus").
Jump up ^ Oxford Classical Dictionary, p. 638 ("Magister Militum").
Bibliography[edit]
Titus Livius (Livy), Ab Urbe Condita (History of Rome).
Dionysius of Halicarnassus, Romaike Archaiologia.
Plutarchus, Lives of the Noble Greeks and Romans.
Christian Matthias Theodor Mommsen, Römisches Staatsrecht, S. Hirzel, Leipzig (1876).
Harper's Dictionary of Classical Literature and Antiquities, Second Edition, Harry Thurston Peck, ed., Harper & Brothers Publishers, New York (1898).
T. Robert S. Broughton, The Magistrates of the Roman Republic, American Philological Association (1952).
Oxford Classical Dictionary, N. G. L. Hammond and H. H. Scullard, eds., Clarendon Press, Oxford (Second Edition, 1970).
Andrew Lintott, The Constitution of the Roman Republic, Oxford University Press (1999), pp. 109 ff.
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