Les rôles non institutionnels de représentation et de protection dans la Grèce antique

We begin with a summary of the notions of constitutionalism, non-constitutionalism, old and new constitutionalism applied to the democratic experience of ancient Athens. On this basis, non-institutional roles of representation and protection of citizens and noncitizens are explored, highlighting how this case study is particularly significant in exploring the pragmatic and non-theoretical aspect of the ‘constitutional’ formation of ancient Athenian democracy. In particular, the tragedy of the Supplices by Æschylus and the comedies of Aristophanes allow us to explore the roles of representative and guardian in both political-assembly and judicial contexts. The ancient theatre of the 5tʰ century B.C. also allows us to investigate these functions both when they are activated in favour of individuals and when they relate to entire groups and categories of people who, in the theatrical representation, help to explore situations that were also frontier for the time, such as the representation and protection of people without the full rights of a citizen such as women and foreigners.