In the presented article, I try to answer the question whether in the Roman state there is a possibility to find the roots of the constitution. In Roman state the constitution as a separate normative act did not exist, the separate jurisdiction of public law was not created, and a constitutional law was primarily based on the custom and political practice. However, in the preserved source material, among others, Cicero’s and Polybius’ statements can be found, which refer to the political issues. On the basis of their analyses, I try to prove that the ideas of constitutionalism and constitution, of course in a substantive sense, date back to the ancient Rome.

Constitutional Basis for the Providing Function of Commune/Municipal Self-Governmen

The subject of the study is a legal-historical analysis showing the development and objective scope of the function of local government. The scope of the conducted analysis was limited to the comparison of legal and institutional solutions in Poland with those existing in ancient Rome. The starting point of the study is the analysis of the provisions of the Constitution in terms of the supporting function of local government. For this purpose, it is necessary to discuss such issues as: the status of the constitutions of both countries, the system and the systemic position of the commune and municipal Currently, there is talk of limited autonomy of local governments, but in the case of municipalities, one should talk about independence. In the final conclusions, it was indicated that the scope of the providing function of the municipia was basically limited to the supply of water to the city, grain.