The Ciceronian and Catonian Methods of Upholding Constitutional Legitimacy

Auteur: Fabregas, Brett
Titre: The Ciceronian and Catonian Methods of Upholding Constitutional Legitimacy
Revue/Collection: Washington University Undergraduate Law Review
Annèe edition: 2023
Pages: 1-42
Mots-clès: Droit - Diritto - Law, Histoire - Storia - History
Description: This article considers two ways in which politicians may uphold the legitimacy of the constitution when faced with political opponents who wish to act unconstitutionally. One of these ways is the Ciceronian method, which involves using actions which are either legally ambiguous or clearly extralegal to ensure the long-term defense of the constitution’s ability to restrain leaders. The other way is the Catonian method, which involved using strictly legal means to ensure the constitution’s legitimacy. As the historical examples of Cato the Younger and Marcus Tullius Cicero demonstrate, both of these methods are capable of damaging the legitimacy of the constitution if used improperly. Given that both methods are employed in modern politics, modern politicians ought to be aware of the consequences of using each method [Author, not been peer reviewed].
Liens: https://journals.library.wustl.edu/wuulr/article/8802/galley/25588/view/
Sigle auteur: Fabregas 2023