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Parliamentary procedure

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Parliamentary procedure is the name given to the set of rules governing the decision-making process used by a deliberative assembly. It is part of common law and developed precedent by precedent. Like the common law, it has been guided in its development by the power of legislative bodies to make rules and to enact laws.[1]

Overview

In the United States and Canada, Robert's Rules of Order Newly Revised is the authority most often used by deliberative assemblies outside of legislatures. Robert's Rules, as it is commonly called, is based on the common law of parliamentary procedure found in the United States. Former British Commonwealth countries follow a somewhat similar, but distinctively different set of rules, sometimes referred to as Westminster procedure. Both sets of parliamentary procedure originate from the procedure used in the British House of Commons. Legislative assemblies in all countries, because of their nature, tend to have a specialized set of rules that in some areas differs greatly from the common parliamentary procedure used by clubs and organizations in their country.

Parliamentary procedure is based on the principles of majority rule and fairness towards the minority.[2] Voting is used to determine 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 then modify it by adopting special rules of order that take precedence over certain rules in the adopted authority.

Parliamentary Procedure Basics

The basis of parliamentary procedure is the deliberative assembly meeting to make decisions. The goal of parliamentary procedure is to allow the majority to make decisions effectively and efficiently while protecting the rights of the minority and giving each member or delegate the right to voice his or her opinion. Parliamentary procedure allows for smooth and prompt discussion and decision making on topics of importance to a society.

Business is conducted through motions which cause actions to happen. Members bring business before the assembly by introducing main motions, or dispose of this business (through subsidiary motions and incidental motions). Parliamentary procedure also allows for rules in regards to nomination, voting, disciplinary action, appeals, dues, and the drafting of organization charters, constitutions, and bylaws.

An alternative to using parliamentary procedure is consensus decision-making.

Parliamentary Procedure in Private Organization and Civic Groups

In civic groups and other organizations, Robert's Rules of Order Newly Revised is the most commonly used parliamentary authority. Other often used authorities are The Standard Code of Parliamentary Procedure widely used in medical organizations, and Demeter' Manual of Parliamentary Procedure.

Parliamentary Procedure in Legislative Bodies

In the United States, approximately three-fourths of all state legislative chambers use Mason's Manual of Legislative Procedure to govern floor proceedings.[3] Mason's Manual generally guides legislative procedures in instances where the house rules, statutes, or state constitutional provisions are silent.[4] This parliamentary manual was originally written by constitutional scholar and former California State Senate staff member Paul Mason in 1935 and is now routinely published, revised, and edited by the National Conference of State Legislatures. [5] According to the NCSL's web site,[3] one of the many reasons that most state legislatures use Mason's Manual instead of Roberts 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. As of 2007, in the United States, Mason's Manual governs parliamentary procedures in 70 of the 99 state legislative chambers; 13 use Jefferson's Manual; and five use Robert's Rules of Order.[3]

Parliamentarians

Several organizations offer certification programs for parliamentarians, including the National Association of Parliamentarians and American Institute of Parliamentarians. Agriculture teachers who coach teams in the National FFA Organization (formerly Future Farmers of America) parliamentary procedure contest can earn the title Associate Parliamentarian (or 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.

In the United States and Canada individuals who are proficient in parliamentary procedure are called parliamentarians In other English speaking countries with parliamentary forms of government, Parliamentarian refers to a member of Parliament.

See also

References

  1. ^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 40
  2. ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed., p. XLVII
  3. ^ a b c National Conference of State Legislatures web site
  4. ^ See, for example, Standing Rules of the California Assembly, in HR 1, 2007-08 Regular Session.
  5. ^ Mason's Manual of Legislative Procedure (2000 edition), NCSL: Denver, CO. ISBN: 1580241166.

External references

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