Legal Definitions - constitutio

In legal contexts, the term constitutio has historically carried several distinct meanings, primarily originating from Roman law and later appearing in civil law and historical English law.

• Roman Law: Imperial Decree

  In ancient Roman law, a constitutio referred to any official pronouncement, law, or ruling issued directly by the Roman Emperor. These imperial decrees were the primary source of new law after the third century A.D. They could take various forms, such as general laws applicable to the entire empire, specific administrative orders to officials, judicial decisions in particular cases, or responses to legal questions posed by citizens or officials. Over time, these individual decrees were compiled into extensive collections, like the famous Code of Justinian, to organize the vast body of imperial legislation.

  • Example 1: Emperor Hadrian issues a decree (a constitutio) establishing new regulations for the public grain supply across the Roman Empire, aiming to prevent shortages and control prices. This would be a general law, similar to an edictum, directly from the emperor's authority.

    Explanation: This illustrates a constitutio as a broad, imperial law intended to govern a significant aspect of public life, demonstrating the emperor's legislative power.

  • Example 2: A provincial governor in Egypt writes to Emperor Diocletian seeking clarification on a complex inheritance dispute. Diocletian responds with a specific ruling (a constitutio, in the form of a rescriptum) that resolves the legal question for that particular case and sets a precedent for similar future situations.

    Explanation: Here, the constitutio is a direct legal interpretation and decision by the emperor in response to a specific query, guiding legal practice in the provinces.

  • Example 3: Emperor Theodosius II issues a set of administrative directives (mandata, a form of constitutio) to all military commanders, outlining new protocols for the recruitment and training of soldiers throughout the empire.

    Explanation: This shows a constitutio as an administrative order, demonstrating the emperor's authority to manage and direct imperial officials and institutions.

• Civil Law: Out-of-Court Settlement

  In some civil law traditions, constitutio can refer to an agreement reached between parties to resolve a legal dispute without the need for a full trial. It can also refer to the specific sum of money or other consideration paid as part of such a settlement.

  • Example 1: After a lengthy negotiation, two businesses involved in a contract dispute agree to a constitutio, where one company pays the other a specific amount of money in exchange for dropping the lawsuit and releasing all claims.

    Explanation: This demonstrates constitutio as the financial payment made as part of an agreement to settle a legal case outside of court.

  • Example 2: In a dispute over property boundaries, two neighbors reach a constitutio by agreeing to a revised property line and signing a formal document that avoids a court battle.

    Explanation: This illustrates constitutio as the agreement itself, where parties resolve their conflict without judicial intervention, even if no money changes hands.

• Historical English Law: Statute or Provision

  Historically in England, particularly during medieval times, constitutio was sometimes used to refer to a formal statute (a written law passed by a legislative body) or a specific provision (a particular clause or section) within such a statute.

  • Example 1: In the 13th century, King Edward I issues a new constitutio (statute) outlining the rights and responsibilities of tenants on feudal lands, aiming to clarify existing customs and reduce disputes.

    Explanation: This shows constitutio as a formal, comprehensive law enacted by the monarch, similar to a modern statute.

  • Example 2: Within a larger document known as the "Statute of Westminster," there might be a specific constitutio (provision) detailing the penalties for certain types of theft, providing a precise legal rule for that offense.

    Explanation: Here, constitutio refers to a particular section or clause within a broader legal act, demonstrating its use for specific legal rules.