Byzantine Senate - Powers and Functions

Powers and Functions

Whilst the powers of the Senate were limited, it could pass resolutions (senatus consulta) which the Emperor might adopt and issue in the form of edicts. It could thus suggest Imperial legislation, and it acted from time to time as a consultative body. Some Imperial laws took the form of 'Orations to the Senate', and were read aloud before the body. The Western Roman Emperor, Valentinian III, in 446, formulated a legislative procedure which granted to the Senate the right of co-operation, where any new law was to be discussed at a meeting between the Senate and the Council before being confirmed by the Emperor. This procedure was included in Justinian's code although it is unclear whether it was fully adopted in the East. In addition the Emperor would use the Senate as a judicial court, and trials for high treason were sometimes referred to it. Ordinary crimes would also often be judged by a court consisting of the Prefect of the City and five Senators chosen by lot. The Senate also maintained constitutional significance in that officially Emperors were to be chosen by the military and the Senate, although succession was almost always hereditary.

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