Acensure is an expression of strong disapproval or harsh criticism.[1] Inparliamentary procedure, it is adebatablemain motion that could be adopted by amajority vote. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, or a negative judgment pronounced on a theological proposition. It is usually non-binding (requiring no compulsory action from the censured party), unlike amotion of no confidence (which may require the referenced party to resign).
| Requires second? | Yes |
|---|---|
| Debatable? | Yes |
| Amendable? | Yes |
| Vote required | Majority |
The motion to censure is a main motion expressing a strong opinion of disapproval that could be debated by the assembly and adopted by a majority vote. According toRobert's Rules of Order (Newly Revised) (RONR), it is an exception to the general rule that "a motion must not use language that reflects on a member's conduct or character, or is discourteous, unnecessarily harsh, or not allowed in debate."[2]Demeter's Manual notes, "It is a reprimand, aimed at reformation of the person and prevention of further offending acts."[3] While there are many possible grounds for censuring members of an organization, such as embezzlement, absenteeism, drunkenness, and so on, the grounds for censuring a presiding officer are more limited:[4]
Serious grounds for censure against presiding officers (presidents, chairmen, etc.) are, in general: arrogation or assumption by the presiding officer of dictatorial powers – powers not conferred upon him by law – by which he harasses, embarrasses and humiliates members; or, specifically: (1) he refuses to recognize members entitled to the floor; (2) he refuses to accept and to put canonical motions to vote; (3) he refuses to entertain appropriateappeals from his decision; (4) he ignores proper points of order; (5) he disobeys thebylaws and therules of order; (6) he disobeys the assembly's will and substitutes his own; (7) he denies to members the proper exercise of their constitutional or parliamentary rights.
More seriousdisciplinary procedures may involve fine, suspension, or expulsion. In some cases, the assembly maydeclare the chair vacant and elect a new chairman for the meeting; or a motion can be made to permanently remove an officer (depending on the rules of the assembly).[5][6]
If the motion is made to censure the presiding officer, then he must relinquish the chair to the vice-president until the motion is disposed.[7] But during this time, the vice-president is still referred to as "Mr. Vice President" or "Ms. Vice President" in debate, since a censure is merely a warning and not a proceeding that removes the president from the chair.[8] An officer being censured is not referred to by name in the motion, but simply as "the president", "the treasurer", etc.
After a motion to censure is passed, the chair (or the vice-president, if the presiding officer is being censured) addresses the censured member by name. He may say something to the effect of, "Brother F, you have been censured by vote of the assembly. A censure indicates the assembly's disapproval of your conduct". ([at meetings.] This phrase should not be included as the cause for censure may have occurred outside of meetings.) "A censure is a warning. It is the warning voice of suspension or expulsion. Please take due notice thereof and govern yourself accordingly." Or, if the chair is being censured, the vice-president may say, "Mr.X, you have been censured by the assembly for the reasons contained in the resolution. I now return to you the presidency."[9]
In politics, a censure is an alternative to more serious measures againstmisconduct ordereliction of duty.[3][10]
Censure is an action by theHouse of Commons or theSenate rebuking the actions or conduct of an individual. The power to censure is not directly mentioned in the constitutional texts of Canada but is derived from the powers bestowed upon both Chambers through section 18 of theConstitution Act, 1867. A motion of censure can be introduced by any Member of Parliament or Senator and passed by a simple majority for censure to be deemed to have been delivered. In addition, if the censure is related to the privileges of the Chamber, the individual in question could be summoned to the bar of the House or Senate (or, in the case of a sitting member, to that member's place in the chamber) to be censured, and could also face other sanctions from the house, including imprisonment. Normally, censure is exclusively an on-the-record rebuke — it isnot equivalent to amotion of no confidence, and a prime minister can continue in office even if censured.[citation needed]
Louis Riel faced Parliamentary censure for his role in theRed River Rebellion, and was expelled fromParliament 16 April 1874.[11]
In Japan, a censure motion is a motion that can be passed by theHouse of Councillors, the upper house of theNational Diet. No-confidence motions are passed in theHouse of Representatives, and this generally does not happen as this house is controlled by the ruling party. On the other hand, censure motions have been passed by opposition parties several times during theDemocratic Party of Japan (DPJ) administrations from 2009. The motions were combined with a demand from the opposition to take a certain action, and a refusal to cooperate with the ruling party on key issues unless some actions were taken.
For example, on 20 April 2012 the oppositionLiberal Democratic Party (LDP),Your Party andNew Renaissance Party submitted censure motions against ministers of Prime MinisterYoshihiko Noda'sDemocratic Party of Japan-controlled cabinet. They censuredMinister of DefenseNaoki Tanaka andMinister of LandTakeshi Maeda,[12] and refused to cooperate with the government on passing an increase to Japan'sconsumption tax from 5% to 10%. Noda had "staked his political life" on passing the consumption tax increase, so on 4 June 2012, Noda reshuffled his cabinet and replaced Tanaka and Maeda.[13]
On 28 August 2012, a censure motion was passed by the LDP and theNew Komeito Party against Prime Minister Noda himself. The opposition parties were to boycott debate in the chamber, it means that bills passed in the DPJ-controlled House of Representatives cannot be enacted.[14]
TheSenate, the upper house of theAustralian Parliament, has censured two Prime Ministers in recent decades that ofPaul Keating andJohn Howard.[15]
TheAustralian Attorney GeneralGeorge Brandis was censured on 2 March 2015 for his treatment ofHuman Rights Commission PresidentGillian Triggs.[16]
Senator forQueenslandFraser Anning was censured for remarks he made about theChristchurch mosque shootings.[17]
FormerPrime MinisterScott Morrison was censured by theAustralian House of Representatives on 30 November 2022 forsecretly taking on the powers of additional ministries.[18]
FormerAustralian Greens SenatorLidia Thorpe was threatened to face a censure motion in early 2023 over her undisclosed relationship with a bikie boss.[citation needed] The motion was backed by theCoalition andOne Nation,[19] with theLabor Party considering backing the motion.[20] She was subsequently censured on 18 November 2024 for heckling theKing of Australia, KingCharles III.[21]
Australian Greens SenatorJanet Rice was censured by theAustralian Senate over protesting during aspecial address to the Australian Parliament byPhilippine PresidentBongbong Marcos.[22]
In the UKthe Crown cannot be prosecuted for breaches of the law even where it has no exemption, such as fromthe Health and Safety at Work etc. Act. ACrown Censure is the method by which theHealth and Safety Executive records, but for Crown immunity, there would be sufficient evidence to secure aH&S conviction against the Crown.[23]
Censure is the public reprimanding of a public official or political party representative for inappropriate conduct or voting behavior. When the president is censured, it serves only as a condemnation and has no direct effect on the validity of presidency, nor are there any other particular legal consequences. Unlikeimpeachment, censure has no basis in theConstitution or in the rules of theSenate andHouse of Representatives. It expresses the formal condemnation of either congressional body, or of a political party, of one of their own members.
InCatholic canon law, a censure is a penalty[24] imposed primarily for the purpose of breakingcontumacy and reintegrating the offender in the community.[25]
The ecclesiastical censures areexcommunication andinterdict, which can be imposed on any member of the Church, andsuspension, which only affectsclerics.[26]
InCatholic theology, a theological censure is a doctrinal judgment by which the church stigmatizes certain teachings detrimental to faith or morals.
