Lastly, in cases of extremity the senate could at any time suspend the consuls from office; for, according to an usage never established by law but never violated in practice, the creation of a dictatorship depended simply upon the resolution of the senate, and the fixing of the person to be nominated, although constitutionally vested in the nominating consul, really under ordinary circumstances lay with the senate.
Limitation of the Dictatorship The old unity and plenary legal power of the -imperium- were retained longer in the case of the dictatorship than in that of the consulship.
Although of course as an extraordinary magistracy it had in reality from the first its special functions, it had in law far less of a special character than the consulate.

But it also was gradually affected by the new idea of definite powers and functions introduced into the legal life of Rome.

In 391 we first meet with a dictator expressly nominated from theological scruples for the mere accomplishment of a religious ceremony; and though that dictator himself, doubtless in formal accordance with the constitution, treated the restriction of his powers as null and took the command of the army in spite of it, such an opposition on the part of the magistrate was not repeated on occasion of the subsequent similarly restricted nominations, which occurred in 403 and thenceforward very frequently.

On the contrary, the dictators thenceforth accounted themselves bound by their powers as specially defined.
Restriction as to the Accumulation and the Reoccupation of Offices Lastly, further seriously felt restrictions of the magistracy were involved in the prohibition issued in 412 against the accumulation of the ordinary curule offices, and in the enactment of the same date, that the same person should not again administer the same office under ordinary circumstances before an interval of ten years had elapsed, as well as in the subsequent regulation that the office which practically was the highest, the censorship, should not be held a second time at all (489).

But the government was still strong enough not to be afraid of its instruments or to desist purposely on that account from employing those who were the most serviceable.