Parliamentary procedure is the body of
rulesProcedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
,
ethicsEthics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, and
customsSocial norms are the accepted behaviors within a society or group. This sociological and social psychological term has been defined as "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit...
governing meetings and other operations of
clubA club is an association of two or more people united by a common interest or goal. A service club, for example, exists for voluntary or charitable activities; there are clubs devoted to hobbies and sports, social activities clubs, political and religious clubs, and so forth.- History...
s,
organizationAn organization is a social group which distributes tasks for a collective goal. The word itself is derived from the Greek word organon, itself derived from the better-known word ergon - as we know `organ` - and it means a compartment for a particular job.There are a variety of legal types of...
s,
legislative bodiesA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and other
deliberative assembliesA deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
. It is part of the
common lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
originating primarily in the practices of the House of Commons of the
Parliament of the United KingdomThe Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, from which it derives its name.
In the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, parliamentary procedure is also referred to as
parliamentary law,
parliamentary practice,
legislative procedure, or
rules of order. In the
United KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
,
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
,
New ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
,
South AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, and other English-speaking countries it is often called
chairmanship,
chairing, the
law of meetings,
procedure at meetings, or the
conduct of meetings.
At its heart is the rule of the majority with respect for the minority. Its object is to allow
deliberationDeliberation is a process of thoughtfully weighing options, usually prior to voting. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. Deliberation emphasizes the use of logic and...
upon questions of interest to the organization and to arrive at the sense or the will of the assembly upon these questions.
Self-governingSelf-governance is an abstract concept that refers to several scales of organization.It may refer to personal conduct or family units but more commonly refers to larger scale activities, i.e., professions, industry bodies, religions and political units , up to and including autonomous regions and...
organizations follow parliamentary procedure to
debateDebate or debating is a method of interactive and representational argument. Debate is a broader form of argument than logical argument, which only examines consistency from axiom, and factual argument, which only examines what is or isn't the case or rhetoric which is a technique of persuasion...
and reach group decisions—usually by
voteVoting is a method for a group such as a meeting or an electorate to make a decision or express an opinion—often following discussions, debates, or election campaigns. It is often found in democracies and republics.- Reasons for voting :...
—with the least possible friction.
Rules of order consist of rules written by the body itself (often referred to as bylaws), but also usually supplemented by a published
parliamentary authorityA parliamentary authority is a manual on parliamentary law, containing rules of order for the transaction of business in deliberative assemblies...
adopted by the body. Typically, national, state, and other full-scale
legislative assembliesA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
have extensive internally written rules of order, whereas non-legislative bodies write and adopt a limited set of specific rules as the need arises.
Overview
In the English-speaking world, the British
House of CommonsThe House of Commons is the name of the elected lower house of the bicameral parliaments of the United Kingdom and Canada and historically was the name of the lower houses of Ireland and North Carolina...
is the originating source for most rules of order. These rules have evolved into two separate sets: American parliamentary procedure as generally followed in the United States; and Westminster parliamentary procedure, followed in
CommonwealthThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries (except for Canada, which uses a home-grown version) such as United Kingdom, Australia, New Zealand, India, South Africa, and many other
Commonwealth countriesThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
.
Various attempts have been made to codify the US variant, and the most common version in use is
Robert's Rules of Order Newly RevisedRobert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
. In Canada, Parliament uses
of Commons Procedure and Practice as well as Arthur Beauchesne’s
Parliamentary Rules and Forms of the House of Commons of Canada,
Sir John George Bourinot’s Parliamentary Procedure and Practice in the Dominion of CanadaBourinot's Rules of Order is a Canadian parliamentary authority first published in 1884 by Sir John George Bourinot, Clerk of the Canadian House of Commons under the title A Canadian Manual on the Procedure at Meetings of Shareholders and Directors of Companies, Conventions, Societies, and Public...
, and Erskine May’s
The Law, Privileges, Proceedings and Usage of Parliament from Britain.
Parliamentary procedure is based on the principles of allowing the majority to make decisions effectively and efficiently (
majority ruleMajority rule is a decision rule that selects alternatives which have a majority, that is, more than half the votes. It is the binary decision rule used most often in influential decision-making bodies, including the legislatures of democratic nations...
), while ensuring fairness towards the minority and giving each member or
delegateA delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
the right to voice an opinion.
VotingVoting is a method for a group such as a meeting or an electorate to make a decision or express an opinion—often following discussions, debates, or election campaigns. It is often found in democracies and republics.- Reasons for voting :...
determines the will of the assembly. While each assembly may create their own set of rules, these sets tend to be more alike than different. A common practice is to adopt a standard reference book on parliamentary procedure and modify it through
special rules of orderA special rule of order is parliamentary procedure term for a rule adopted by the organization that relate to procedure or to the duties of officers within meetings.-Explanation and use:...
that supersede the adopted authority.
A parliamentary structure conducts business through
motionsIn parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
, which cause actions. Members bring business before the assembly by introducing
main motionA main motion, in parliamentary procedure, is a motion that brings business before the assembly. Main motions are made while no other motion is pending...
s, or dispose of this business through
subsidiary motionA subsidiary motion, in parliamentary procedure, is a type of motion by which a deliberative assembly deals directly with a main motion prior to voting on the main motion itself.-Explanation:...
s and
incidental motionAn incidental motion, in parliamentary procedure, is one of a category of motions that relate in varying ways to the main motion and other parliamentary motions.-Robert's Rules of Order Newly Revised :...
s. Parliamentary procedure also allows for rules in regards to nomination, voting, disciplinary action, appeals, dues, and the drafting of organization
charterA charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
s,
constitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s, and bylaws.
Organizations and civic groups
In American civic groups and other organizations,
Robert's Rules of Order Newly RevisedRobert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
is the most used parliamentary authority. Other authorities are
The Standard Code of Parliamentary ProcedureThe Standard Code of Parliamentary Procedure is a book of rules of order. It is the second most popular parliamentary authority in the United States after Robert's Rules of Order. It was first published in 1950...
(widely used in medical and educational organizations and by libraries),,
and
Demeter's Manual of Parliamentary Law and Procedurethumb|right|125px| Demeter's ManualDemeter's Manual of Parliamentary Law and Procedure, by George Demeter, is a parliamentary authority manual. It is included in the bank of study materials used in preparing for the Certified Parliamentarian designation offered by the American Institute of...
.
In Canada, English Speaking, popular authorities include Kerr & King's
Procedures for Meeting and Organizations .
In Canada, French Speaking, commonly used rules of order for ordinary societies include Victor Morin's
Procédures des assemblées délibérantes (commonly known as the
Code Morin) and the
Code CSNThe Confédération des syndicats nationaux , is the second largest trade union federation in Quebec by membership.- History :...
.
Legislatures
Legislative assemblies in all countries, because of their nature, tend to have a specialized set of rules that differ from parliamentary procedure used by clubs and organizations.
In the
United KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Thomas Erskine May's
Treatise on the Law, Privileges, Proceedings and Usage of Parliament (often referred to simply as
Erskine May) is the accepted authority on the powers and procedures of the Westminster parliament.
Of the 99 state legislative chambers in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
(two for each
stateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
except
NebraskaNebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, which has a
unicameralIn government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
legislature),
Mason's Manual of Legislative ProcedureMason's Manual of Legislative Procedure, commonly referred to as Mason's Manual. This 700+ page book serves as the official parliamentary manual of most state legislative bodies in the United States. "Adopted as the authority on questions of parliamentary law and procedure in California, it is to...
governs parliamentary procedures in 70;
Jefferson's ManualManual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801, is the first American book on parliamentary procedure. As vice-president of the United States, Jefferson served as the Senate's presiding officer from 1797 to 1801...
governs 13, and
Robert's Rules of Order governs five. The
United States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
follows the
Standing Rules of the United States SenateThe Standing Rules of the Senate are the rules of order adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."There are...
, while the
United States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
follows
Jefferson's ManualManual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801, is the first American book on parliamentary procedure. As vice-president of the United States, Jefferson served as the Senate's presiding officer from 1797 to 1801...
.
Mason's Manual, originally written by constitutional scholar and former California Senate staff member
Paul MasonPaul Mason was an author, parliamentarian, historian, and assistant Secretary of the California State Senate in the first half of the 20th Century...
in 1935, and since his death revised and published by the
National Conference of State LegislaturesThe National Conference of State Legislatures is a bipartisan non-governmental organization established in 1975 to serve the members and staff of state legislatures of the United States...
(NCSL), governs legislative procedures in instances where the
state constitutionIn the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
,
state statutesIn the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
, and the chamber's rules are silent.
According to the NCSL, one of the many reasons that most state legislatures use
Mason's Manual instead of
Robert's Rules of Order is because
Robert's Rules applies best to private organizations and civic groups that do not meet in daily public sessions.
Mason's Manual, however, is geared specifically toward state legislative bodies.
Parliamentarians
In the United States, individuals who are proficient in parliamentary procedure are called
parliamentariansA parliamentarian is an expert on parliamentary procedure who advises organizations and deliberative assemblies. This sense of the term "parliamentarian" is distinct from the usage of the same term to mean a member of Parliament....
. (In other English-speaking countries with parliamentary forms of government, "parliamentarian" refers to a
member of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
.)
Several organizations offer certification programs for parliamentarians, including the
National Association of ParliamentariansThe National Association of Parliamentarians , is the largest non-profit association of professional parliamentarians in the world.NAP was organized in 1930. As of June 2008, NAP had a membership of about 3,560 parliamentarians in all 50 U.S. states, Canada, and internationally...
and
American Institute of ParliamentariansThe American Institute of Parliamentarians is a not-for-profit educational organization founded in 1958 for the advancement of parliamentary procedure. From a first-year membership of only 48 members, AlP has grown into a progressive association with active chapters and regions...
. Agriculture teachers who coach teams in the
National FFA OrganizationThe National FFA Organization is an American youth organization known as a Career and Technical Student Organization, based on middle and high school classes that promote and support agricultural education...
(formerly Future Farmers of America) parliamentary procedure contest can earn the title Associate Parliamentarian (AP). Parliamentarians perform an important role in many meetings, including counseling organizations on parliamentary law, holding elections, or writing amendments to the constitution and bylaws of an organization.
See also
- History of parliamentary procedure
The history of parliamentary procedure refers to the origins and evolution of parliamentary law used by deliberative assemblies.Demeter's Manual traces the origins of parliamentary law, by which is meant orderly deliberation and action by an assembly of persons or a body of citizens, to c. 750 BC...
- Principles of parliamentary procedure
- Special rules of order
A special rule of order is parliamentary procedure term for a rule adopted by the organization that relate to procedure or to the duties of officers within meetings.-Explanation and use:...
External links