Parliamentary procedures are the acceptedrules,ethics, andcustoms governing meetings of anassembly ororganization. Their object is to allow orderlydeliberation upon questions of interest to the organization and thus to arrive at the sense or the will of themajority of the assembly upon these questions.[1]Self-governing organizations follow parliamentary procedure todebate and reach group decisions, usually byvote, with the least possible friction.
In the United Kingdom, Canada, Ireland, Australia, New Zealand, South Africa, and other English-speaking countries, parliamentary procedure is often calledchairmanship,chairing, thelaw of meetings,procedure at meetings, theconduct of meetings, or thestanding orders.Erskine May'sParliamentary Practice is used and often referred to as "Erskine May" in the United Kingdom, and influential in other countries that use theWestminster system. In the United States, terms used areparliamentary law,parliamentary practice,legislative procedure,rules of order, orRobert's rules of order.[2]
Rules of order consist of rules written by the body itself (often referred to asbylaws), usually supplemented by a publishedparliamentary authority adopted by the body. Typically, national, state, or provincial, and other full-scalelegislative assemblies have extensive internally-written rules of order, whereas non-legislative bodies write and adopt a limited set ofspecific rules as the need arises.
The termparliamentary procedure gets its name from its use in theparliamentary system of government.[3]
In the 16th and 17th century, theparliaments of England began adopting rules of order.[4] In the 1560s, Sir Thomas Smyth began the process of writing down accepted procedures and published a book about them for theHouse of Commons in 1583.[4] Early rules included:
TheWestminster parliamentary procedures are followed in severalCommonwealth countries, including the United Kingdom, Canada, Australia, New Zealand, India, and South Africa, as well as in the Republic of Ireland.
In Canada, for example, theHouse of Commons usesHouse of Commons Procedure and Practice as its primary procedural authority. Others includeArthur Beauchesne'sParliamentary Rules and Forms of the House of Commons of Canada,Sir John George Bourinot'sParliamentary Procedure and Practice in the Dominion of Canada, andErskine May'sThe Law, Privileges, Proceedings and Usage of Parliament from Britain.[6]
The rules of theUnited States Congress were developed from parliamentary procedures used in Britain.[7] Many nations' legislatures follow American parliamentary procedure,[citation needed] includingIndonesia, thePhilippines,Mexico andSouth Korea.
TheTreaty on the Functioning of the European Union (1957) states[8] that each of theEuropean Parliament,Council of the European Union, andEuropean Commission adopt their own rules. For the Parliament, these are theRules of Procedure of the European Parliament.
The procedures of theDiet of Japan moved away from the British parliamentary model, when inOccupied Japan, there were efforts to align Japanese parliamentary procedures with American congressional practices.[9] In Japan, informal negotiations are more important than formal procedures.[10]
In Italy, written rules govern theHouses of the Parliament. TheConstitutional Court judges the limits beyond which these regulations cannot go, exceeding the parliamentary or political function (judgement n. 120 of 2014)[11] and on their bad application when a law is passed.[12]
Parliamentary procedure is based on the principles of allowing the majority to make decisions effectively and efficiently (majority rule), while ensuring fairness towards the minority and giving each member or delegate the right to voice an opinion.[13]Voting determines 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 modify it throughspecial rules of order that supersede the adopted authority.
A parliamentary structure conducts business throughmotions, which cause actions. Members bring business before the assembly by introducingmain motions. "Members usesubsidiary motions to alter a main motion, or delay or hasten its consideration."[14] Parliamentary procedure also allows for rules in regards to nomination, voting, debate, disciplinary action, appeals, and the drafting of organizationcharters,constitutions, andbylaws.
In the USRobert's Rules of Order Newly Revised[15] aspires to be a comprehensive guide, based on the original 1876 version written primarily to help guide voluntary associations in their operations of governance: "New editions have marked the growth of parliamentary procedure as cases occurring in assemblies have pointed to a need for further rules or additional interpretations to go by."[16]Robert's Rules of Order The Modern Edition[17] andThe Standard Code of Parliamentary Procedure[18] aspire to be concise. "This book is a basic reference book but does not claim to be comprehensive. For most organization and for most meetings, it will prove very adequate."[19] "Alice Sturgis believed that confusing or unnecessary motions and terminology should be eliminated. Her goal was to make the process simpler, fairer, and easier to understand, and The Standard Code of Parliamentary Procedure did just that ..."[20]
A common text in use in the UK, particularly withintrade unions, isWalter Citrine'sABC of Chairmanship.
In English-speaking Canada, popular authorities include Kerr & King'sProcedures for Meeting and Organizations. TheConservative Party of Canada usesWainberg's Society meetings including rules of order to run its internal affairs.
In French-speaking Canada, commonly used rules of order for ordinary societies includeVictor Morin'sProcédures des assemblées délibérantes (commonly known as theCode Morin)[21] and theCodeConfédération des syndicats nationaux.
Legislative assemblies in all countries, because of their nature, tend to have a specialized set of rules that differ from parliamentary procedure used by clubs and organizations.
In the United Kingdom,Erskine May'sParliamentary Practice (frequently updated; originallyTreatise on the Law, Privileges, Proceedings and Usage of Parliament; often referred to simply asErskine May) is the accepted authority on the powers and procedures of theWestminster parliament. There are also theStanding Orders for each House.[22]
Of the 99state legislative chambers in the United States (two for eachstate exceptNebraska, which has aunicameral legislature),Mason's Manual of Legislative Procedure governs parliamentary procedures in 70;Jefferson's Manual governs 13, andRobert's Rules of Order governs four.[23] TheUnited States Senate follows theStanding Rules of the United States Senate, while theUnited States House of Representatives followsJefferson's Manual.
Mason's Manual, originally written by constitutional scholar and formerCalifornia Senate staff memberPaul Mason in 1935, and since his death revised and published by theNational Conference of State Legislatures (NCSL), governs legislative procedures in instances where thestate constitution,state statutes, and the chamber's rules are silent.[24][25][26]
According to the NCSL,[25] one of the many reasons that most state legislatures useMason's Manual instead ofRobert's Rules of Order is thatRobert'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.
In the United States, individuals who are proficient in parliamentary procedure are called parliamentarians (in countries with parliamentary governments the term refers to amember of Parliament).
Several organizations offer certification programs for parliamentarians, including theNational Association of Parliamentarians andAmerican Institute of Parliamentarians. Agriculture teachers who coach teams in theparliamentary procedure contest of theNational FFA Organization (formerly Future Farmers of America) can earn the title Accredited Parliamentarian. 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.
Dáil Éireann follows standing orders originally adopted on 11 September 1922.[27] They were first adopted by theThird Dáil on 11 September 1922.[27]
The term 'Robert's Rules of Order' is commonly used today as a synonym for parliamentary procedure.
