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Law in Times of Crisis Part 2

Do đó, mặc dù cho nhà độc tài tất cả các quyền hạn cần thiết để bảo vệ các nước cộng hòa chống lại kẻ thù của nó, được xác định rõ hạn chế của hiến pháp đã được đặt ra để ngăn chặn phóng đại không có cơ sở và lạm dụng quyền hạn của nhà độc tài và trả về một hệ thống quân chủ. | classical models of accommodation 21 odds with the dictatorship.17 Hence although giving the dictator all the powers needed to defend the republic against its enemies well-defined constitutional restrictions were laid out in order to prevent unwarranted aggrandizement and abuse of the powers of the dictator and a return to the monarchical system.18 Perhaps the most significant limitations pertained to the exceptional nature of the circumstances that would warrant the appointment of a dictator and to the temporal duration of that extraordinary appointment. Traditionally the dictator was supposed to carry out military functions that would be necessary to defend the republic against external threats and would then be considered a dictator rei gerundae causa for getting things done .19 The military origin of the institution is apparent from the dictator s original title of magister populi master of the citizen army and the fact that to assist him in his important task the dictator had the power to appoint a delegate known as the magister eq-uitum master of the horse who was supposed to be the commander of the cavalry and give him the full power of imperium.20 The dictator s term of office was limited to six months or to the end of the term of the consuls who appointed him whichever came first and could not be renewed. Explaining that the short term of office of the dictator was one of the factors that accounted for the ultimate success of the institution Machiavelli contrasts the dictatorship with the rule of the Decemviri arguing that a major flaw in the latter regime was the fact that these ten men were granted absolute authority for a long period of time Machiavelli considers a year to be a long time in this context .21 Similarly Jean-Jacques Rousseau suggests that the nomination of a dictator the supreme ruler be for a short period limited in advance and not subject to extension especially not by the supreme ruler himself 17 Cary and Scullard A History of Rome p. .