Nomothetai
Nomothetai were lawmaking panels in classical Athens that approved or repealed laws. They were established after the restoration of democracy in 403 BCE to separate the passing by the citizen Assembly of temporary decrees from the making of permanent laws.
They continued through the fourth century BCE but ended with the end of democracy after Athens lost its independence following the Lamian War.
History
After the overthrow of the Thirty Tyrants, Athens in 403 BCE restored democracy. One change made was to introduce nomothetai to stop arbitrary legislation. Before this reform, apart from decrees not being able to contradict existing laws, little distinction existed between how they were passed.Inscriptions support this distinction: laws use the phrase dedokthai tois nomothetais, while decrees read dedokthai tōi dēmōi''.
Membership
According to Mogens H. Hansen, the nomothetai were selected from the 6,000 sworn jurors who took the Heliastic Oath. Passages in Against Timocrates refer to "those who have sworn the Heliastic Oath," suggesting the nomothetai acted as a legislative court. Other scholars, suggest, however, that the nomothetai were a special meeting of the citizen Assembly convened for lawmaking. Aeschines describes the prytaneis summoning the Assembly "as nomothetai," implying that the same citizens could act as lawgivers under different procedures. More recently, the idea they were jurors has been reaffirmed.The nomothetai were presided over by proedroi and an epistates. They voted by show of hands, unlike jury courts, which used secret ballots.
Lawmaking process
Reconstructing the procedure of nomothesia—the making or repeal of laws—is difficult, since Demosthenes' speeches dealing with them have been identified to include later additions. However, other court speeches and political orations suggest the process had the following stages:- The Assembly voted on whether new laws were needed.
- Approved proposals were displayed publicly on whitened boards in the Agora, near the Monument of the Eponymous Heroes.
- The proposals were read aloud and discussed in later meetings.
- At the third Assembly, the nomothetai were appointed.
- Advocates were chosen to defend existing laws proposed for repeal.
- Any conflicting laws had to be repealed before new ones could take effect.
Related procedures
Inspection law
According to Aeschines, an annual "Inspection Law" required the Thesmothetai to check existing laws for contradictions. If inconsistencies were found, the prytaneis convened the Assembly as nomothetai to decide which law should remain in force.Judicial review
Laws passed by the nomothetai could be challenged in court through a graphē nomōn mē epitēdeion theinai. If the challenge succeeded, the law was annulled and the proposer could face fines, loss of civic rights, or other penalties.After 403 BCE, this review applied to laws, while decrees remained subject to the older graphē paranomōn.