NECESSARY DICTATORSHIP: ABSOLUTE POWER AS A GUARDIAN OF LIBERTY
NECESSARY DICTATORSHIP: ABSOLUTE POWER AS A GUARDIAN OF LIBERTY
Author(s): Antonio SaccoccioSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law, Comparative Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Roman dictatorship; Constitutional emergency powers; State of exception; Semantic transformation; Republican magistracy; Emergency vs. Exception.
Summary/Abstract: This essay examines the profound semantic shift of ‘dictatorship’ from a Roman constitutional magistracy into a term denoting tyrannical oppression, arguing that this transformation obscures crucial lessons for modern constitutional democracies facing emergencies. The analysis begins with the Roman dictator, demonstrating that contrary to Mommsen’s influential thesis, this magistracy was not an aristocratic weapon against the plebs but rather a flexible constitutional instrument firmly rooted in popular sovereignty. Through examination of early republican dictators and major constitutional reforms, the essay reveals how the office could advance plebeian interests while maintaining temporal limits and constitutional bounds. Tracing the concept through the imperial period, the French Revolution, Latin American experiments (Francia, Bolívar), nineteenth-century theory (Comte, Garibaldi, Marx), and twentieth-century totalitarianism (Schmitt, Arendt), the study shows how modern categories of sovereignty and exception have replaced the Roman understanding of constitutional emergency. The essay concludes that recovering the Roman model offers contemporary democracies a vital distinction: between emergency powers exercised within constitutional bounds and sovereign exception that suspends constitutional order itself—a distinction obscured by two millennia of semantic drift yet essential for navigating crises without abandoning constitutional governance.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 2
- Page Range: 791-805
- Page Count: 15
- Language: English
