Anon-binding resolution is amotion adopted by adeliberative body that does not enact alaw or a substantive rule, and is simply used to make known what the opinions of that body are in relation to a certain fact or event.
This type of resolution is often used to express the body's approval or disapproval of something that they cannot otherwise vote on,[1] due to the matter being handled by anotherjurisdiction, or being protected by aconstitution. An example would be a resolution of support for a nation'stroops inbattle, which carries nolegal weight, but is adopted formoral support.
Non-binding resolutions are usually specificsimple orconcurrent resolutions that are not passed on to the executive branch to be signed into the law.[2] These resolutions differ from pureconcurrent resolutions (that are used for various procedural requests such as adjourning sessions) in that they are designed to express formally, document opinions and not initiate a process.
These resolutions offer a means for elected officials to publicly air the concerns of their constituents[3] and are closely followed by major media outlets. Additionally, these resolutions can be used to state the position of the legislature, showing a preview of how they will vote on future legislation and budget allocations.
Private Members Motion 296 in support ofJordan's Principle was passed unanimously in the House of Commons of Canada on December 12, 2007.
Motion 312 was amotion introduced to theParliament of Canada byStephen Woodworth, MP forKitchener Centre, in 2012. M-312 called for the formation of a committee "to review the declaration in Subsection 223(1) of the Criminal Code which states that a child becomes a human being only at the moment of complete birth".[4]
TheUnited Nations Security Council has the power to pass both binding and non-binding resolutions; whether a resolution is binding depends on what section of the Charter it is enacted under.
A "sense of Congress" clause may also be used within legislation to direct the actions which Congress wishes the executive to undertake, for example:
"It is the sense of Congress that theSecretary of Defense should take appropriate steps to provide for upgrading information technology systems for thereserve contingents ..."[14]
Thelegislatures of the 50U.S. states also frequently adopt non-binding resolutions. For example:
In February 2007, the Vermont State House of Representatives[15] and Senate[16] passed non-binding resolutions calling for the orderly withdrawal of American military forces from Iraq to commence immediately.
