Principles of parliamentary procedure
Encyclopedia
Principles of parliamentary procedure
guide the development of its rules.
TSC states that "The purpose of parliamentary procedure is to facilitate the transaction of business and to promote cooperation and harmony."
identifies five great principles underlying the rules of parliamentary law:
Robert's Rules of Order
states that "these rules are based on a regard of the rights of the majority, of the minority, especially a strong minority–greater than one third, of individual members, of absentees, and of all these together. The means of protecting all of these rights in appropriate measure forms much of the substance of parliamentary law, and the need for this protection dictates the degree of development that the subject has undergone."
Mason's Manual cites ten principles that govern procedure in group decision making:
TSC recognizes several fundamental principles of parliamentary procedure as well. These include equality of rights; majority decision; minority rights; the right of discussion; the right of information; and fairness and good faith.
Under RONR, it is also viewed as desirable to protect against instability arising from, for instance, slight variations in attendance. For this reason, the requirements for changing a previous action are greater than those for taking the action in the first place. A motion to rescind, repeal or annul or amend something already adopted, for instance, requires a two-thirds vote, a majority with previous notice
, or a majority of the entire membership. However, under The Standard Code of Parliamentary Procedure
, a repeal or amendment of something already adopted requires only the same vote (usually a majority) and notice that was needed to adopt it in the first place. The philosophy is that "As a general rule, fewer than a majority should not be authorized to decide anything, and more than a majority should not be required for most decisions"; the book further states that the problem with situations in which a supermajority is required is that "the minority, not the majority, controls."
Rather than memorizing specific attributes of motions, sometimes it is easier to remember principles. If a motion can be made in more than one form, it is amendable; otherwise it is unamendable. A question is not debatable when it is a simple procedural motion that can be understood by the members without debate. A speaker may be interrupted whenever the needs of the body require it, because the concern of the body outweighs the convenience of a member. Actions in which a member has the right to question or demand need not be seconded.
"must be viewed with reservation since it violates a fundamental principle of parliamentary law." All the major parliamentary procedure manuals (RONR, TSC, Demeter, Mason, etc.) contain commentary on the principles; and as the presiding officer
and parliamentarian
are expected to be reasonably familiar with the contents of their organization's parliamentary authority, they are likely to be exposed to these points of view. Thus, there is potential for even the nonbinding principles to influence an organization's leadership.
Moreover, RONR states that rules that embody fundamental principles of parliamentary law cannot be suspended, even by unanimous consent
or an actual unanimous vote. An assembly cannot suspend the rules
that allow only one question to be considered at a time; nor can it extend the right to vote to nonmembers, or authorize absentee or cumulative voting by suspending the rules. A bylaw amendment would be required to take such action. Likewise, rules protecting absentees or a basic right of the individual member cannot be suspended.
states:
George Demeter
writes:
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
guide the development of its rules.
Purposes
Demeter writes:TSC states that "The purpose of parliamentary procedure is to facilitate the transaction of business and to promote cooperation and harmony."
Principles
DemeterDemeter's Manual of Parliamentary Law and Procedure
thumb|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...
identifies five great principles underlying the rules of parliamentary law:
- Order; that is there must be orderly procedure.
- Equality; that is, all members are equal before the rule or law.
- Justice. That is, "justice for all."
- Right of the minority to be heard on questions.
- Right of the majority to rule the organization.
Robert's Rules of Order
Robert's Rules of Order
Robert'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...
states that "these rules are based on a regard of the rights of the majority, of the minority, especially a strong minority–greater than one third, of individual members, of absentees, and of all these together. The means of protecting all of these rights in appropriate measure forms much of the substance of parliamentary law, and the need for this protection dictates the degree of development that the subject has undergone."
Mason's Manual cites ten principles that govern procedure in group decision making:
- The group must have the authority to take the actions it purports to take;
- there must be a meeting of the decision-making group;
- a proper notice of the meeting must be given to all members of the group;
- there must be a quorum present at the meeting;
- there must be a question before the group upon which it can make a decision;
- there must be an opportunity to debate the question;
- the question must be decided by taking a vote;
- there must be a majority vote to take an action or decide a question;
- there must be no fraud, trickery or deception resulting in injury to another member;
- and to be valid, any action or decision of a body must not violate any applicable law or constitutional provision.
TSC recognizes several fundamental principles of parliamentary procedure as well. These include equality of rights; majority decision; minority rights; the right of discussion; the right of information; and fairness and good faith.
Under RONR, it is also viewed as desirable to protect against instability arising from, for instance, slight variations in attendance. For this reason, the requirements for changing a previous action are greater than those for taking the action in the first place. A motion to rescind, repeal or annul or amend something already adopted, for instance, requires a two-thirds vote, a majority with previous notice
Previous notice
Previous notice, in parliamentary procedure, is an announcement that a motion will be introduced at a future meeting of a deliberative assembly....
, or a majority of the entire membership. However, under The Standard Code of Parliamentary Procedure
The Standard Code of Parliamentary Procedure
The 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...
, a repeal or amendment of something already adopted requires only the same vote (usually a majority) and notice that was needed to adopt it in the first place. The philosophy is that "As a general rule, fewer than a majority should not be authorized to decide anything, and more than a majority should not be required for most decisions"; the book further states that the problem with situations in which a supermajority is required is that "the minority, not the majority, controls."
Rather than memorizing specific attributes of motions, sometimes it is easier to remember principles. If a motion can be made in more than one form, it is amendable; otherwise it is unamendable. A question is not debatable when it is a simple procedural motion that can be understood by the members without debate. A speaker may be interrupted whenever the needs of the body require it, because the concern of the body outweighs the convenience of a member. Actions in which a member has the right to question or demand need not be seconded.
Significance
RONR states that cumulative votingCumulative voting
Cumulative voting is a multiple-winner voting system intended to promote more proportional representation than winner-take-all elections.- History :...
"must be viewed with reservation since it violates a fundamental principle of parliamentary law." All the major parliamentary procedure manuals (RONR, TSC, Demeter, Mason, etc.) contain commentary on the principles; and as the presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
and parliamentarian
Parliamentarian (consultant)
A 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....
are expected to be reasonably familiar with the contents of their organization's parliamentary authority, they are likely to be exposed to these points of view. Thus, there is potential for even the nonbinding principles to influence an organization's leadership.
Moreover, RONR states that rules that embody fundamental principles of parliamentary law cannot be suspended, even by unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
or an actual unanimous vote. An assembly cannot suspend the rules
Suspend the rules
In parliamentary procedure, suspension of the rules is a procedure in which a deliberative assembly sets aside its normal rules of order in order to do something that it could not do otherwise.-Background and rationale:...
that allow only one question to be considered at a time; nor can it extend the right to vote to nonmembers, or authorize absentee or cumulative voting by suspending the rules. A bylaw amendment would be required to take such action. Likewise, rules protecting absentees or a basic right of the individual member cannot be suspended.
Quotes
The Standard Code of Parliamentary ProcedureThe Standard Code of Parliamentary Procedure
The 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...
states:
George Demeter
George Demeter
George Demeter is the author of Demeter's Manual of Parliamentary Law and Procedure. The second Wednesday in April has been designated as George Demeter Day in Massachusetts.-Works:*Demeter's Manual of Parliamentary Law and Procedure, 2nd edition, 1949...
writes: