Renewal (parliamentary procedure)
Encyclopedia
Renewal is the act of bringing up again a motion that has already been disposed of by the deliberative assembly
. Generally, the assembly cannot be asked to decide the same, or substantially the same, question as one it has already decided in the same session
, in his Precedents of Proceedings in the House of Commons, observes that while this "...seems to be a rule that ought to be adhered to as strictly as possible..." it should not "...be so stricly and verbally observed, as to stop the proceedings of the House: It is rather to be kept in substance than in words ; and the good sense of the House must decide, upon every question, how far it comes within the meaning of the rule." Over the past 400 years, various rules have evolved by precedent to allow and manage renewal of motions under specific circumstances.
. Sessions in ordinary societies usually consist of one meeting, but legislative sessions can continue for months or years. A motion that has been rejected (voted down) in one session, cannot be easily brought up again in that session, but can be renewed in following sessions as a new motion. Motions such as Reconsider
are typically used to renew or revisit a motion within the same session. Motions such as Rescind
or Amend something previously adopted
are generally applied to motions adopted in a previous session.
provides exceptions to renewal through the motions to reconsider
, rescind or amend something previously adopted
. Robert's Rules of Order
provides that "A previously considered motion may become a substantially different question through a significant change in the wording or because of a difference in the time or circumstances in which it is proposed, and such a motion may thus be in order when it could not otherwise be renewed."
Renewals in the form of a recission of a resolution made in earlier sessions is not prohibited by the practice of the House of Commons, but is seldom done. Technically it is regarded as a new question: the form being to read the previous resolution of the House and to move that it be rescinded. This power of rescission has been used sparingly and then only in the case of substantive motions. The reasons why open rescission is so rare is that the House instinctively realizes that parliamentary government requires the majority to abide by a decision regularly come to, however unexpected, and that it is unfair to resort to methods, whether direct or indirect, to reverse such a decision. Essentially this is a safequard for the rights of the minority.
Deliberative assembly
A 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...
. Generally, the assembly cannot be asked to decide the same, or substantially the same, question as one it has already decided in the same session
Session (parliamentary procedure)
In parliamentary procedure, a session is a meeting or series of connected meetings devoted to a single order of business, program, agenda, or announced purpose.-Robert's Rules of Order Newly Revised :...
History
The underlying principle behind the non-renewal of motion dates back to at least April 2, 1607 when the House of Commons adopted a rule "That a question being once made, and carried in the affimative or negative, cannot be questioned again, but must stand as a judgment of the House." John HatsellJohn Hatsell
John Hatsell was an English civil servant, clerk of the House of Commons, and an authority on parliamentary procedure.-Life:...
, in his Precedents of Proceedings in the House of Commons, observes that while this "...seems to be a rule that ought to be adhered to as strictly as possible..." it should not "...be so stricly and verbally observed, as to stop the proceedings of the House: It is rather to be kept in substance than in words ; and the good sense of the House must decide, upon every question, how far it comes within the meaning of the rule." Over the past 400 years, various rules have evolved by precedent to allow and manage renewal of motions under specific circumstances.
Explanation and Use
Renewal of motions is closely tied to the parliamentary concept of sessionSession (parliamentary procedure)
In parliamentary procedure, a session is a meeting or series of connected meetings devoted to a single order of business, program, agenda, or announced purpose.-Robert's Rules of Order Newly Revised :...
. Sessions in ordinary societies usually consist of one meeting, but legislative sessions can continue for months or years. A motion that has been rejected (voted down) in one session, cannot be easily brought up again in that session, but can be renewed in following sessions as a new motion. Motions such as Reconsider
Reconsider
In parliamentary law, reconsideration of a motion takes places upon a motion to bring back for further consideration a matter previously decided...
are typically used to renew or revisit a motion within the same session. Motions such as Rescind
Rescind or amend something previously adopted
The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand a previous action or order.-Explanation and Use:-Robert's Rules of Order Newly Revised :...
or Amend something previously adopted
Rescind or amend something previously adopted
The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand a previous action or order.-Explanation and Use:-Robert's Rules of Order Newly Revised :...
are generally applied to motions adopted in a previous session.
Robert's Rules of Order Newly Revised (RONR)
Robert's Rules of OrderRobert'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...
provides exceptions to renewal through the motions to reconsider
Reconsider
In parliamentary law, reconsideration of a motion takes places upon a motion to bring back for further consideration a matter previously decided...
, rescind or amend something previously adopted
Rescind or amend something previously adopted
The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand a previous action or order.-Explanation and Use:-Robert's Rules of Order Newly Revised :...
. 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...
provides that "A previously considered motion may become a substantially different question through a significant change in the wording or because of a difference in the time or circumstances in which it is proposed, and such a motion may thus be in order when it could not otherwise be renewed."
British House of Commons
A motion or an amendment which is the same, in substance, as a question which has been decided during a session may not be renewed again in that same session. Such substantive motions can be renewed in succeeding sessions as new motions. Reversals of earlier decisions can be done by Repeal of a Standing Order, Annulment, or Rescission. The repeal of a standing order is normally made as part of an order creating a new standard order. An annulment is used to declare proceedings to be null and void because of some form of irregularity in procedure.Renewals in the form of a recission of a resolution made in earlier sessions is not prohibited by the practice of the House of Commons, but is seldom done. Technically it is regarded as a new question: the form being to read the previous resolution of the House and to move that it be rescinded. This power of rescission has been used sparingly and then only in the case of substantive motions. The reasons why open rescission is so rare is that the House instinctively realizes that parliamentary government requires the majority to abide by a decision regularly come to, however unexpected, and that it is unfair to resort to methods, whether direct or indirect, to reverse such a decision. Essentially this is a safequard for the rights of the minority.