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.