Divided Power and Eunomia

Abstract

Abstract This chapter opens the second part of the book and introduces the theme of the balance between deliberation and control of constitutionality in the Greek world. It illustrates the workings of an oligarchic form of divided power through the analysis of Spartan decision-making. The first section reviews the relevant scholarship on Spartan political institutions and places the discussion about the Great Rhetra within the debate of intentional history. It also argues against the exceptionality of Spartan decision-making. The second section examines the relationship between the key Spartan institutions and their relevant powers and underpinning ideologies. The third section shows that the powers of probouleusis (preliminary deliberation) and nomophulakia (guardianship of the laws) were divided between the gerousia and the ephors. It explores the implications of unanimity and majority rule in the Spartan deliberative system. Unanimity in the gerousia was a requirement for a motion to be submitted to the assembly for final ratification, but the ephors could anyway put the bill to a vote of the assembly. The chapter argues that, in this case, the elders could veto by majority vote a motion passed by the assembly with a majority vote. The control of constitutionality was placed in the hand of a restricted body which shaped deliberation according to oligarchic values enshrined in the relevant procedures and voting systems.