Mason's Manual of Legislative Procedure

Introduction

Principles of Parliamentary Law

An understanding of parliamentary principles will simplify the learning and application of parliamentary rules. Parliamentary procedure is based primarily on a group of principles that underlie the whole scheme of parliamentary rules. Some of these principles are set out below. Thought of in terms of principles instead of rigid, detailed technical rules, parliamentary law is essentially logical and simple.

Parliamentary Rules

Every deliberative body is bound to comply with all applicable rules laid down for it by the constitution and laws, both statutes and court decisions, and basic legal principles. These rules and principles govern, whether adopted by the body or not, and they apply whenever group decisions are being made. Failure to conform to them invalidates any action taken or decision made.

Unless restricted by the Constitution, statutes or other superior authority, an organization can adopt its own rules of parliamentary procedure by a majority vote. Also by a majority vote, it can change, suspend or repeal the rules at any time it chooses. Failure to comply with its own adopted rules does not invalidate actions of the organization.

Every member of an organization is presumed to be the equal of every other member, and each has rights that must be respected. The rights of the minority and the majority both must be protected.

Ten Principles that Govern Procedure in Group Decision Making

The group must have the authority to take the action it purports to take. Jurisdiction must be given; it cannot be assumed. Groups sometimes assume powers that they do not have.
There must be a meeting of the decision-making group. When authority to make a decision is vested in any group, it is vested in the group collectively and not merely in the individual members of the group. To make a decision, the group must meet and make up its collective mind.
A proper notice of the meeting must be given to all members of the group. All members of the group are entitled to such a notice of the time, place and purpose of the meeting as will enable them to attend and participate. Failure to give such a notice will invalidate actions taken at the meeting.
There must be a quorum present at the meeting. A quorum is a sufficient number or proportion of the members as will qualify those present to act for the entire membership. A quorum is a majority of the members qualified to act, unless a lesser number is given that authority by proper authority or a higher number is especially required. A member who is not entitled to vote on a particular question cannot be counted to make a quorum for voting on that question.
There must be a question before the group upon which it can make a decision. The question may be a motion, resolution or other proper form and may be oral or in writing and in most cases should be capable of being answered by an affirmative or negative vote. A member has the right to know what the question is and what its effect will be before voting on the question.
There must be an opportunity to debate the question. An opportunity to debate is necessary to enable the members of a group to reach collective judgment. A member has the right to express personal opinion and hear the opinions of the other members.
The question must be decided by taking a vote. It is not enough to presume how a member will vote. A vote actually must be taken. It may be taken by an authorized and fair method.
There must be a majority vote to take an action or decide a question. In order to take any action or decide any question, there must be an expression of the will of the majority. This is usually a majority of the legal votes, but sometimes is a majority of the entire membership or two-thirds vote is required. A minority vote or a tie vote will not take any action.
There must be no fraud, trickery or deception resulting in injury to any member. A person is entitled to the protection of the courts from injury through injustice by a body making a group decision as in any other situation involving injury.
To be valid, any action or decision of a body must not violate any applicable law or constitutional provision. The decision-making procedure of any body must comply with the applicable provisions of any local, state or federal law. It is governed by any statutory or court-made law, including provisions of constitutions and charters.

Principles Are Easier Than Rules to Remember and to Apply

Many parliamentary authors use a table to show how certain actions apply to a list of 40 to 82 motions. It is much easier to apply the governing principle than to memorize how the action applies to each of the 40 to 82 motions or to look up the answer each time in the table. For example:

Is the motion amenable? If the motion can be made in more than one form, it is amenable. If it can be made in only one form, it is not amenable.

Is the motion debatable? A main motion or other question presenting a matter of business to the body for its decision is debatable because debate is essential to enable the members to reach a meeting of the minds. The question is not debatable when it is a simple procedural motion that can be understood by the member without debate such as a motion to adjourn or to lay on the table.

May a speaker be interrupted? A speaker may be interrupted whenever the needs of the body require it, as the concern of the body outweighs the convenience of a member. A speaker may be interrupted by a question or privilege of the house that requires immediate attention, for example, or may be interrupted for a matter that has a definite time limit such as objection to the consideration of a question that is being presented.

Is a second required? Legislative bodies usually do not require seconds, but where seconds are used, motions require seconds. However, actions in which a member has the right to request or demand such as points of order, parliamentary inquiry or demands for a division do not require seconds. Only motions require seconds.

What vote is required? The rules of parliamentary law do not require the vote of more than a majority, but constitutions and statutes sometimes do and adopted rules often do. Unless there is a special requirement for a higher vote, a majority of the legal votes cast is sufficient.

How Can a Body Change Its Decision?

When a body is dissatisfied with its vote on a main motion or substantive question, it can cancel the vote by reconsidering it, whether it was carried or lost. But if there is dissatisfaction with a vote on a procedural motion, if the motion was lost, the motion may be renewed. Whenever there is a change in the situation, or if the motion carried, the effect of the vote can be changed by a motion that will reverse the effect of the motion such as take from the table, change limits on debate, withdraw from committee or change the time of hearings. After an act is completed, it can be amended or repealed by another act.

Precedence of Motions

There is a principle that determines the precedence of a motion. The closer a motion is to final disposition of the matter under consideration, the lower it is in the order of precedence. The furthest removed the motion is from final disposition of the matter, the higher it is in the order of precedence.

Rules Should be Applied with Judgment

Any rule serves best when it is applied with judgment and fairness. Arbitrary, inflexible rules, rigorously applied to differing situations, often produce injustice.

Last modified: 9/16/97.