It is one of the remarkable things in the Greek polity that the supreme court or court of appeals should be elected from the common people, while in other courts judges should hold their offices on account of position. Solon also recognized what is known as the Council of the Areopagus. The functions of this body had formerly belonged to the old council included in the Draconian code. The Council of the Areopagus was formed from the ex-archons who had held the office without blame. It became a sort of supreme advisory council, watching over the whole collective administration. It took account of the behavior of the magistrates in office and of the proceedings of the public assembly, and could interpose in other cases when, in its judgment, it thought it necessary. It could advise as to the proper conducting of affairs and criticise the process of administration. It could also administer private discipline and call citizens to account for their individual acts. In this respect it somewhat resembled the Ephors of Sparta.
The popular assembly would meet and consider the questions put before it by the council, voting yes or no, but the subject was not open for discussion. However, it was possible for the assembly to bring other subjects up for discussion and, through motion, refer them to the consideration of the council. It was also possible to attach to the proposition of the council a motion, called in modern terms "a rider," and thus enlarge upon the work of the council; but it was so arranged that the preponderance of all the offices went to the nobility and that the council be made up of this class, and hence there was no danger that the government would fall into the hands of the people. Solon claimed to have put into the hands of the people all the power that they deserved, and to have established numerous checks on government which made it possible for each group of people to be well represented.
Thus the council limited the power of the assembly, the Areopagus supervised the council, while the courts of the people had the final decision in cases of appeal. As is well known, Solon could not carry out his own reforms, but was forced to leave the country. Had he been of a different nature and at once seized the government, or appealed to the people, as did his successor, Pisistratus, he might have made his measures of reform more effective. As it was, he was obliged to leave their execution to others.