Publication details
Princip neslučitelnosti úřadů podle římské jurisprudence v kontextu současného pojetí inkompatibility
| Title in English | Principle of incompatibility of office according to Roman jurisprudence in context of contemporary perception of incompatibility |
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| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Roman law; jurisprudence; incompatibility |
| Description | The present conference paper focuses on the system of check and balances of Roman officials. Ancient Rome state organization was very sophisticated, function rules were prescribed by cursus honorum and mutual rights among officials were clearly determined. All these elements gave rise to a perfect and functional system in republican Rome. However also a good system of check and balances can be affected in case of corruption, graspingness and drive for power. We know several cases where province administrators were charged with province blackmail. On the other hand a lot of materials prove that administrators had high moral standards exceeding legal requirements. The article deals mainly with analysis of legal and non-legal sources of law. It focuses on Plinius Secundus and Marcus Tullius Ciceros abundant correspondence and their writings. Finally the actual legal regulation relevant to the constitutional agent and their position will be compared with Roman law jurisprudence. |