Suspend the rules
Encyclopedia
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.
, rules contained in the parliamentary authority
, the standing rules of the assembly, and the rules of order contained in the bylaws or constitution
which specifically provide for their own suspension) may be suspended. Rules of order which protect the fundamental rights of the assembly or of individual members and ordinary rules of order contained in the bylaws or constitution may not be suspended,
Rules are essential to the regularity of the proceedings. They protect the principles of parliamentary procedure - order, the right of individual members and of minorities to be heard, and the right of a majority to carry out its will. For these reasons, members have a right to insist on the observance of the rules. Yet a member may waive his right and also the assembly may dispense with the operation of its rules.
A suspension of the rules may be proposed upon a motion
. Such motions may be adopted with some supermajority
(which is two-thirds of members present unless otherwise specified in the bylaws or constitution). In many cases, suspension of the rules may take place with unanimous consent
. Rules are also sometimes suspended by unanimous consent without a formal motion. Typically, a member will make a request to consider particular business or take a special action not permitted by the rules. The chair will ask if there is any objection; if there is no objection, the rules are suspended. This is a similar motion to a request for any other privilege
.
; to waive the requirement of a quorum
; or to waive the requirement for previous notice
for a bylaws amendment. Moreover, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these can only be curtailed through disciplinary procedures
.
Three of the major parliamentary authorities - Robert's Rules of Order Newly Revised, The Standard Code of Parliamentary Procedure
, and Demeter's Manual
- agree that provisions in the bylaws that do not relate to parliamentary procedure may not be suspended. Demeter notes how this plays into the reality of parliamentary situations:
Similarly, Mason states:
The action is still illegal if it violated a mandatory constitutional provision, since a legislature cannot suspend the constitution.
" motion. If confusion has caused the assembly to get so tangled up in a parliamentary snarl that neither the chairman nor the members can unravel it, a member can move to suspend the rules to start fresh. The use of the "Gordian Knot" motion is illustrated in The Standard Code
with this example: "Madam President, in view of the confusion about the parliamentary situation, I believe it would be best if we were to cancel out everything that has been done on this motion and start over from the beginning, permitting the motion to be resubmitted in whatever form the maker wishes. I move that the rules be suspended to permit this.". The "Gordian Knot" version of suspend the rules was introduced by Floyd Riddick
, Parliamentarian Emeritus of the United States Senate, at a meeting of the Board of Directors of the American Institute of Parliamentarians
. RONR does not make reference to the "Gordian Knot".
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...
, suspension of the rules is a procedure in which a deliberative assembly
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...
sets aside its normal rules of order in order to do something that it could not do otherwise.
Background and rationale
The special rules of orderSpecial 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:...
, rules contained in the parliamentary authority
Parliamentary authority
A parliamentary authority is a manual on parliamentary law, containing rules of order for the transaction of business in deliberative assemblies...
, the standing rules of the assembly, and the rules of order contained in the bylaws or constitution
Constitution
A 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...
which specifically provide for their own suspension) may be suspended. Rules of order which protect the fundamental rights of the assembly or of individual members and ordinary rules of order contained in the bylaws or constitution may not be suspended,
Rules are essential to the regularity of the proceedings. They protect the principles of parliamentary procedure - order, the right of individual members and of minorities to be heard, and the right of a majority to carry out its will. For these reasons, members have a right to insist on the observance of the rules. Yet a member may waive his right and also the assembly may dispense with the operation of its rules.
A suspension of the rules may be proposed upon a motion
Motion (parliamentary procedure)
In 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...
. Such motions may be adopted with some supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
(which is two-thirds of members present unless otherwise specified in the bylaws or constitution). In many cases, suspension of the rules may take place with 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...
. Rules are also sometimes suspended by unanimous consent without a formal motion. Typically, a member will make a request to consider particular business or take a special action not permitted by the rules. The chair will ask if there is any objection; if there is no objection, the rules are suspended. This is a similar motion to a request for any other privilege
Request for any other privilege
The motion of request for any other privilege is used when one wishes to, for instance, make a presentation when no motion is pending.-Explanation and Uses:Generally, this motion is handled by unanimous consent...
.
When not permitted
Rules which embody fundamental principles of parliamentary law and rules protecting absentees or a basic right of the individual cannot be suspended, even by unanimous vote. Thus, it would be illegal to suspend the rules to allow non-members to vote; to authorize absentee or cumulative votingCumulative voting
Cumulative voting is a multiple-winner voting system intended to promote more proportional representation than winner-take-all elections.- History :...
; to waive the requirement of a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
; or to waive the requirement for 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....
for a bylaws amendment. Moreover, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these can only be curtailed through disciplinary procedures
Disciplinary procedures
Disciplinary procedures, in parliamentary procedure, are used to enforce a deliberative assembly's rules. RONR notes, "Punishments that a society can impose generally fall under the headings of reprimand, fine , suspension, or expulsion." If an offense occurs in a meeting, the assembly, having...
.
Three of the major parliamentary authorities - Robert's Rules of Order Newly Revised, 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...
, and Demeter's Manual
Demeter'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...
- agree that provisions in the bylaws that do not relate to parliamentary procedure may not be suspended. Demeter notes how this plays into the reality of parliamentary situations:
Similarly, Mason states:
The action is still illegal if it violated a mandatory constitutional provision, since a legislature cannot suspend the constitution.
Gordian knot
One application of the motion to suspend the rules is called the "Gordian knotGordian Knot
The Gordian Knot is a legend of Phrygian Gordium associated with Alexander the Great. It is often used as a metaphor for an intractable problem solved by a bold stroke :"Turn him to any cause of policy,...
" motion. If confusion has caused the assembly to get so tangled up in a parliamentary snarl that neither the chairman nor the members can unravel it, a member can move to suspend the rules to start fresh. The use of the "Gordian Knot" motion is illustrated in The Standard Code
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...
with this example: "Madam President, in view of the confusion about the parliamentary situation, I believe it would be best if we were to cancel out everything that has been done on this motion and start over from the beginning, permitting the motion to be resubmitted in whatever form the maker wishes. I move that the rules be suspended to permit this.". The "Gordian Knot" version of suspend the rules was introduced by Floyd Riddick
Floyd M. Riddick
Floyd M. Riddick was a Parliamentarian of the United States Senate from 1964 to 1974, and is most famous for developing Riddick's Senate procedure. He sat immediately below the presiding officer in the Senate chamber, providing information on precedents and advising other senators on parliamentary...
, Parliamentarian Emeritus of the United States Senate, at a meeting of the Board of Directors of the American Institute of Parliamentarians
American Institute of Parliamentarians
The 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...
. RONR does not make reference to the "Gordian Knot".