Carthage's Constitution: prototype of what the ancient Greeks and Romans called a "mixed constitution".
In his Politics, the Macedonian scientist and philosopher Aristotle of Stagira (384-322) describes the constitution of Carthage. He focuses on the common Greek distinctions between democracy, oligarchy/aristocracy, and monarchy. He argues that Carthage is an aristocracy with both oligarchic and democratic tendencies.
The translation of pages 1272b24-1273b25 of the Politics was made by Benjamin Jowett.
[1272b24-1273b25] The Carthaginians are considered to have an excellent form of government, which differs from that of any other state in several respects, though it is in some very like the Spartan. Indeed, the Spartan, Cretan, and Carthaginian states closely resemble one another and are very different from any others.
Many of the Carthaginian institutions are excellent. The superiority of their constitution is proved by the fact that the common people remain loyal to it. The Carthaginians have never had any rebellion worth speaking of, and have never been under the rule of a tyrant.
Among the points in which the Carthaginian constitution resembles the Spartan are the following: The common tables of the clubs answer to the Spartan phiditia, and their magistracy of the Hundred-Four to the Ephors; but, whereas the Ephors are any chance persons, the magistrates of the Carthaginians are elected according to merit - this is an improvement. They have also their kingsnote[Aristotle refers to the two suffetes. Sparta had two kings.] and their Gerousia, or council of elders, who correspond to the kings and elders of Sparta. Their kings, unlike the Spartan, are not always of the same family, nor that an ordinary one, but if there is some distinguished family they are selected out of it and not appointed by seniority - this is far better. Such officers have great power, and therefore, if they are persons of little worth, do a great deal of harm, and they have already done harm at Sparta.
Most of the defects or deviations from the perfect state, for which the Carthaginian constitution would be censured, apply equally to all the forms of government which we have mentioned. But of the deflections from aristocracy and constitutional government, some incline more to democracy and some to oligarchy. The kings and elders, if unanimous, may determine whether they will or will not bring a matter before the people, but when they are not unanimous, the people decide on such matters as well. And whatever the kings and elders bring before the people is not only heard but also determined by them, and any one who likes may oppose it; now this is not permitted in Sparta and Crete. That the magistrates of five who have under them many important matters should be co-opted, that they should choose the supreme council of One Hundred, and should hold office longer than other magistrates (for they are virtually rulers both before and after they hold office) - these are oligarchic features; their being without salary and not elected by lot, and any similar points, such as the practice of having all suits tried by the magistrates, and not some by one class of judges or jurors and some by another, as at Sparta, are characteristic of aristocracy.
The Carthaginian constitution deviates from aristocracy and inclines to oligarchy, chiefly on a point where popular opinion is on their side. For men in general think that magistrates should be chosen not only for their merit, but for their wealth: a man, they say, who is poor cannot rule well - he has not the leisure. If, then, election of magistrates for their wealth be characteristic of oligarchy, and election for merit of aristocracy, there will be a third form under which the constitution of Carthage is comprehended; for the Carthaginians choose their magistrates, and particularly the highest of them -their kings and generals- with an eye both to merit and to wealth.
But we must acknowledge that, in thus deviating from aristocracy, the legislator has committed an error. Nothing is more absolutely necessary than to provide that the highest class, not only when in office, but when out of office, should have leisure and not disgrace themselves in any way; and to this his attention should be first directed. Even if you must have regard to wealth, in order to secure leisure, yet it is surely a bad thing that the greatest offices, such as those of kings and generals, should be bought. The law which allows this abuse makes wealth of more account than virtue, and the whole state becomes avaricious.
For, whenever the chiefs of the state deem anything honorable, the other citizens are sure to follow their example; and, where virtue has not the first place, their aristocracy cannot be firmly established. Those who have been at the expense of purchasing their places will be in the habit of repaying themselves; and it is absurd to suppose that a poor and honest man will be wanting to make gains, and that a lower stamp of man who has incurred a great expense will not. Wherefore they should rule who are able to rule best. And even if the legislator does not care to protect the good from poverty, he should at any rate secure leisure for them when in office. It would seem also to be a bad principle that the same person should hold many offices, which is a favorite practice among the Carthaginians, for one business is better done by one man.
The government of the Carthaginians is oligarchic, but they successfully escape the evils of oligarchy by enriching one portion of the people after another by sending them to their colonies. This is their panacea and the means by which they give stability to the state. Accident favors them, but the legislator should be able to provide against revolution without trusting to accidents. As things are, if any misfortune occurred, and the bulk of the subjects revolted, there would be no way of restoring peace by legal methods.