Chapitre 1: Démocratie directe et représentative

NOTA: continuación de apuntes ya empezados en libreta (17-09) ----------------- About the Council Members of council = boule Only the Council could indict (accuser, mettre en accusation) one of its members Boule constituted the most decisive magistracy (malista kyria) because it prepared the agenda (ordre du jour) for the Assembly and carried out their decisions  External affairs: it gathered with ambassadors before bringing them to the Assembly Military functions: responsible for Navy and Maritime administration General supervision of public adm, especially finances Conclusion: the boule was a central role in the Athenian admn. About the Heliastai Each year, 6000 persons were chosen of a pool of 30+ y/o volunteers Heliastic oath: to vote in accordance with the laws and decrees of the Assembly and the Council, decide according to their own sense and give an impartial hearing. Experience and maturity because they were older than the people in the Assembly From here the people's courts (dikasteria, tribunal populaire) and later the nomothetai (group of citizens assigned to examine the proposals of law) were chosen) They were assigned as judges or jurors (dikastai) for trials again, by lottery. There was no concrete number per trial; it depended on the importance of the matter. It was the poor and the elderly who sat in the trials The courts also conducted preliminary examination of magistrates before they took up office (dokimasia) and the rendering of accounts (euthynai) The courts constituted a true political authority About the courts in Athens The courts performed important political functions Disputes between individuals were arranged by arbitration, criminal cases were dealt with outside the people's courts. Political trials were the main focus of people's courts Criminal act of illegality (graphe paranomon): any citizen could bring an action against illegality to any proposal submitted to the Assembly. Only the initiator of the proposal was subject to the trial About the action of illegality Could still be presented concerning a decree or law that had been already adopted by the Assembly (ekklesia). In this case, it was suspended until the courts gave their verdict. Not only for technical but also for substantive reasons. For example, if it was considered that the proposals were detrimental to the public interest. The courts examined the proposal during one whole day, whereas the Assembly session lasted half a day and they made a number of decisions Court procedure: the person that originally proposed the decree had the right to defend it and the plantiff was supposed to attack it. Both parts prepared their case. On the other hand, the Assembly made decisions without debate Voting in the Assembly was by show of hands and no precise count was made; whereas in the courts secret ballot was the rule and the votes were precisely counted. Conclusion: the courts constituted a completely different organ in terms of composition, size and method of operation. If the verdict was in favor of the plaintiff, the Assembly's decision was quashed and the initiator was fined. Fined could make the initiator a debtor to Athens for life, which meant stripping him from his civil rights (atimia). This meant all Assembly members knew that there were severe consequences for making a wrong proposal The system is also designed to avoid frivolous accusations: if an accuser withdrew its accusation after the courts had pronounced on it, it was fined 1000 drachmas The plaintiff was also fined 1000 drachmas and partial atimia if his complaint assured less than one fifth of the votes About denunciations (eisangeliai) Might be directed at magistrates accused of maladministration, in which case they passed through the Council first Also could be directed towards any citizen for political offenses, in which case it passed through the Assembly first (eisangeliai eis ton demon) Political offense: treason, corruption and attempted overthrowing of the government; although these were loosely interpreted Eisangeliai eis ton demon was used especially against generals About the Nomothetai After the restoration of democracy (after oligarchic revolutions), it was decided that the Assembly would not pass laws but only decrees; legislative decisions would be left to the nomothetai Distinction between the laws and the decrees. A law meant: a written norm; that enjoyed greater validity than a decree and; applied to all athenian; whereas the decree might apply to only one person other sources: valid for and indefinite period of time, whereas the decree might have a time period