parliamentary authority

{{Short description|Book of rules for conducting business}}

A parliamentary authority is a book of rules for conducting business (parliamentary procedure) in deliberative assemblies.{{cite book |last=Gondin |first=William R. |title=Dictionary of Parliamentary Procedure |publisher=Littlefield, Adams |year=1969 |location=Totowa, NJ |pages=88, 90}} Several different books have been used by legislative assemblies and by organizations' deliberative bodies.

Application to organizations

A group may create its own parliamentary rules and then adopt an authority to cover meeting procedure not covered in its rules{{Harvard citation no brackets|Robert|2011|p = 15}}{{cite parl |title=TSC |page=5}}{{cite parl |title=MAS |pages=28–9}} or vice versa. Rules in a parliamentary authority can be superseded by the group's constitution or bylaws or by adopted procedural rules (with a few exceptions). The adopted procedural rules may be called special rules of order.{{Harvard citation no brackets|Robert|2011|pp = 16–17}} The combined rules from all sources is called parliamentary procedure.

Assemblies that do not adopt a parliamentary authority may nonetheless use a parliamentary authority by custom or may consider themselves governed by "common parliamentary law" or the "common law of parliamentary procedure".{{cite parl |title=mas |pages=30}} A society that has adopted bylaws that do not designate a parliamentary authority may adopt one by the same vote required to adopt special rules of order. A mass meeting can adopt a parliamentary authority by a majority vote. The book Robert's Rules of Order Newly Revised states, "In matters on which an organization's adopted parliamentary authority is silent, provisions found in other works on parliamentary law may be persuasive – that is, they may carry weight in the absence of overriding reasons for following a different course – but they are not binding on the body."

Survey of usage in organizations

A poll by Jim Slaughter surveyed American Certified Professional Parliamentarians (CPPs) in 1999 to ask what percent of clients used each parliamentary authority.{{Cite book|title = Notes and Comments on Robert's Rules|last1 = Slaughter|first1 = Jim|publisher = Southern Illinois University Press|year = 2012|isbn = 978-0-8093-3215-1|location = Carbondale and Edwardsville|pages = 160|url = https://books.google.com/books?id=5THFbCnDdbIC&pg=PA160|last2 = Ragsdale|first2 = Gaut|last3 = Ericson|first3 = Jon L.|edition = Fourth}} The results were published in 2000 in Parliamentary Journal, the official journal of the American Institute of Parliamentarians: 90 percent used Robert's Rules of Order Newly Revised (RONR), 8 percent used The Standard Code of Parliamentary Procedure (formerly Sturgis, now AIPSC), and 3 percent used some other authority, including Demeter's Manual of Parliamentary Law and Procedure (Demeter), Riddick's Rules of Procedure (Riddick/Butcher), Bourinot's Rules of Order (Bourinot), and Rules of Order (Davis). Bourinot was used in Canada.{{cite web|url=http://www.parliamentarian-chris-dickey.com/parliamentaryprocedureresources.html|title=Chris Dickey, Parliamentarian, Parliamentary Procedure Consultant|website=www.parliamentarian-chris-dickey.com}}

= ''Robert's Rules of Order'' =

{{Main|Robert's Rules of Order}}

Robert's Rules of Order was first published in 1876 by Henry Martyn Robert. It has been revised several times by the original author and then by his successors. As of its publication in September 2020, the 12th edition of Robert's Rules of Order Newly Revised is the current official edition of the body of work known as "Robert's Rules of Order".{{Cite web|url = http://www.robertsrules.com/books|title = Get The Right Book|access-date = 2021-02-20|website = The Official Robert's Rules of Order Web Site|publisher = The Robert's Rules Association}} This body of work is the most popular and well-known parliamentary authority in the United States.

= ''The Standard Code of Parliamentary Procedure'' =

{{Main|The Standard Code of Parliamentary Procedure}}

The Standard Code of Parliamentary Procedure was first published in 1950 by Alice Sturgis and referred to as TSC or Sturgis. A new book, titled American Institute of Parliamentarians Standard Code of Parliamentary Procedure (AIPSC), was published in 2012. AIPSC is used by many United States medical associations of physicians and dentists, including the American Medical Association House of Delegates and American Association of Orthodontists as well as by the Association of Flight Attendants."[http://urbanext.illinois.edu/lcr/procedure.cfm Parliamentary Procedures: Interesting Facts and Tips]", University of Illinois.{{Cite web|url=http://aipparl.org/site/education/become-a-parliamentarian/|title=Become a Parliamentarian - American Institute of Parliamentarians|website=American Institute of Parliamentarians|language=en-US|access-date=2016-03-08|url-status=dead|archive-url=https://web.archive.org/web/20160219163445/http://aipparl.org/site/education/become-a-parliamentarian/|archive-date=2016-02-19}}

= ''Demeter's Manual of Parliamentary Law and Procedure'' =

{{Main|Demeter's Manual of Parliamentary Law and Procedure}}

Demeter's Manual of Parliamentary Law and Procedure, first published in 1948 by George Demeter, is another parliamentary authority in North America. It is often favored by North American labor unions and Hellenic organizations.Jim Slaughter, "[http://www.frb-law.com/parliamentary.htm Businesses Must Follow Parliamentary Procedure] {{webarchive|url=https://web.archive.org/web/20100608030400/http://www.frb-law.com/parliamentary.htm |date=2010-06-08 }}," Greensboro News & Record. {{As of|2016}}, Demeter is published by the American Institute of Parliamentarians.

Legislative assemblies

Legislative assemblies in all countries, because of their nature, tend to have specialized rules that differ from parliamentary procedure used by clubs and organizations.

= Parliaments =

The UK Parliament follows Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament (also known as Erskine May: Parliamentary Practice).{{Cite web|url = http://www.parliament.uk/about/how/role/customs/|title = Rules and traditions of Parliament|access-date = 2016-01-06|website = www.parliament.uk|publisher = UK Parliament}} There are also the Standing Orders for each House.{{cite web|url=https://www.parliament.uk/site-information/glossary/standing-orders/|title=Standing Orders - Glossary page|website=UK Parliament}}

The House of Commons of Canada follows Beauchesne's Parliamentary Rules and Forms.{{Cite web|url = http://www.revparl.ca/english/issue.asp?art=345¶m=91|title = Beauchesne's Parliamentary Rules and Forms, Fifth Edition, 1978|access-date = 2016-01-06|website = www.revparl.ca|publisher = Canadian Parliamentary Review|last = Barnhart|first = Gordon}} Bourinot's Rules of Order is another book used in Anglophone Canada.{{Cite web|url = http://www.revparl.ca/english/issue.asp?art=923¶m=140|title = New Insights on Bourinot's Parliamentary Publications|access-date = 2016-01-06|website = www.revparl.ca|publisher = Canadian Parliamentary Review|last = Banks|first = Margaret}} In Quebec, the Procédure des assemblées délibérantes (commonly known as Le Code Morin) are rules of order in French.{{Cite web|url = https://www.gallimardmontreal.com/catalogue/livre/code-morin-procedure-des-assemblees-deliberantes-morin-victor-9782761605434|title = Code Morin: procédure des assemblées délibérantes|access-date = 2016-01-06|website = www.gallimardmontreal.com|publisher = La librairie Gallimard de Montréal|last = Delorme|first = Michel}}

The Australian House of Representatives follows House of Representatives Practice.{{cite web

|editor-first=David Russell|editor-last=Elder|title=House of Representatives Practice|year=2018|edition=Seventh|publisher=Department of the House of Representatives |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7 |accessdate=2024-01-04}} The Australian Senate follows Odgers' Australian Senate Practice.{{Cite web|title = Role of the Senate|url = http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures|website = www.aph.gov.au|access-date = 2016-01-07|language = en-AU}} Each Australian state and territory house of Parliament has its own rules. A number of procedural reference works are used by other organisations in Australia.{{Cite web|title = What are the main authorities or references for meeting procedure in Australia and New Zealand {{!}} Master Of Meetings|url = http://masterofmeetings.com/index2/what-are-the-main-authorities-or-references-for-meeting-procedure-in-australia-and-new-zealand|website = masterofmeetings.com|access-date = 2016-01-07}}

= Legislatures in the United States =

The United States Senate follows the Standing Rules of the United States Senate, while the United States House of Representatives follows its own procedures, which include Jefferson's Manual.

Of the 99 state legislative chambers in the United States (two for each state except Nebraska, which has a unicameral legislature), Mason's Manual of Legislative Procedure governs parliamentary procedures in 70, Jefferson's Manual governs 13, and Robert's Rules of Order governs four.{{Cite web|url = http://www.ncsl.org/research/about-state-legislatures/masons-manual-for-legislative-bodies.aspx|title = Mason's Manual for Legislative Bodies|access-date = 2016-01-05|website = www.ncsl.org|publisher = National Conference of State Legislatures}}

Mason's Manual, originally written in 1935 by constitutional scholar and former California Senate staff member Paul Mason, and since his death revised and published by the National Conference of State Legislatures (NCSL), governs legislative procedures in instances where the state constitution, state statutes, and the chamber's rules are silent. According to the NCSL, one of the many reasons that most state legislatures use Mason's Manual instead of Robert's 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, on the other hand, is geared specifically toward state legislative bodies.

Legislative bodies at the local level, such as a city council or a county commission, function similarly to boards of societies and as such, have used Robert's Rules of Order.

References

{{Reflist}}

Further reading

=Non-legislative authorities=

  • Canada
  • {{cite book |last=Kerr |first=M. Kaye |author2=King, Hubert W. |title=Procedures for Meetings and Organizations |edition=3rd |year=1996 |publisher=Carswell Legal Publications |location=Toronto |isbn=0-459-56034-4 }}
  • {{cite book |title=Procédure des assemblées délibérantes |last=Morin |first=Victor }}
  • {{cite book |last=Stanford |first=Geoffrey H. |title=Bourinot's Rules of Order |edition=4th |year=1995 |publisher=McClelland & Stewart |location=Toronto |isbn=0-7710-8336-X }}
  • {{cite book |last=Francis |first=Fred |author2=Francis, Peg |title=Democratic Rules of Order |url=http://www.democraticrules.com/ |edition=10th |year=2019 |publisher=New Society Publishers |location=Gabriola Island, BC |isbn=978-0-8657190-6-4 |pages=104 }}
  • United States
  • {{cite book |last=Robert |first=Henry M. |author-link=Henry M. Robert |title=Robert's Rules of Order Newly Revised |url=http://www.robertsrules.com/book.html |edition=11th |year=2011 |publisher=Da Capo Press, A Member of the Perseus Books Group |location=Philadelphia, PA |isbn=978-0-306-82020-5 |display-authors=etal |access-date=2009-11-06 |archive-date=2017-08-13 |archive-url=https://web.archive.org/web/20170813113356/http://www.robertsrules.com/book.html |url-status=dead }}
  • {{cite book |last=Robert III |first=Henry M. |title=Robert's Rules of Order Newly Revised In Brief |url=http://www.robertsrules.com/inbrief.html |edition=2nd |year=2011 |publisher=Da Capo Press, A Member of the Perseus Books Group |location=Philadelphia, PA |isbn=978-0-306-82019-9 |quote=The Only Authorized Concise Guide |display-authors=etal |access-date=2015-12-03 |archive-date=2017-08-16 |archive-url=https://web.archive.org/web/20170816005654/http://robertsrules.com/inbrief.html |url-status=dead }}
  • {{cite book |last=AIP |first=Revision Committee |author-link=American Institute of Parliamentarians |author2=Alice Sturgis |author2-link=Alice Sturgis |title=The Standard Code of Parliamentary Procedure |url=http://www.parliamentaryprocedure.org/bookstore.htm |edition=4th |year=2001 |publisher=McGraw-Hill |location=New York |isbn=0-07-136513-3 |access-date=2009-11-06 |archive-date=2008-06-04 |archive-url=https://web.archive.org/web/20080604150306/http://www.parliamentaryprocedure.org/bookstore.htm |url-status=dead }}
  • {{cite book |last=American Institute of Parliamentarians |author-link=American Institute of Parliamentarians |title=American Institute of Parliamentarians Standard Code of Parliamentary Procedure |url=http://aipparl.org/site/recommended-reading/ |year=2012 |publisher=McGraw-Hill |location=New York |isbn=978-0-07-177864-0 |url-status=dead |archive-url=https://web.archive.org/web/20151117023303/http://aipparl.org/site/recommended-reading/ |archive-date=2015-11-17 }}
  • {{cite book |last=Demeter |first=George |author-link=George Demeter |title=Manual of Parliamentary Law and Procedure |url=https://archive.org/details/demetersmanualof00deme|url-access=registration |edition=Blue Book |year=1969 |publisher=Little, Brown and Company |location=Boston |isbn=0-316-18030-0 }}
  • {{cite book

| url=https://archive.org/details/cannonsconcisegu00cann

| title=Cannon's Concise Guide to Rules of Order

| last=Cannon

| first=Hugh

| publisher=Houghton Mifflin Company

| year=2000

| isbn=0-395-62130-5

| location=Boston

| url-access=registration

}}

  • {{cite book |last=Riddick |first=Floyd M. |author2=Buther, Mirian H. |title=Riddick's Rules of Procedure: Modern Guide to Faster and More Effective Meetings |year=1985 |publisher=Charles Scribner's Sons |location=New York |isbn=0-8191-8064-5 }}
  • {{cite book |publisher=Atwood Corp |location=Melrose, Massachusetts |year=1956 |pages=331 |oclc=722305 |title=Rules for Meetings |last=Atwood |first=Roswell Levi}}
  • United Kingdom
  • {{cite book |last=Citrine |first=Walter |author-link=Walter Citrine, 1st Baron Citrine |title=ABC of Chairmanship |year=1939 |publisher=NCLC Publishing Society Limited |isbn=978-0716350170 |pages=284 }}

=Legislative authorities=

  • Australia
  • {{Cite book |editor-first=Rosemary |editor-last=Laing |title=Odgers' Australian Senate Practice: as revised by Harry Evans |publisher=Department of the Senate|edition=14th |date=2016 |url = https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice |location=Canberra}}
  • {{cite book |editor-first=David Russell |editor-last=Elder |title=House of Representatives Practice |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7 |year=2018 |edition=7th |publisher=Department of the House of Representatives |location=Canberra}}
  • Canada
  • {{cite book |last=Fraser |first=Alistair |author2=Dawson, W. F. |title=Beauchesne's Parliamentary Rules and Forms of the House of Commons of Canada |edition=6th|year=1988 |publisher=The Carswell Legal Pubns |location=Scarborough, Ont |isbn=0-459-32481-0 }}
  • United Kingdom
  • {{cite book |last=McKay |first=Sir William |title=Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament |edition=23rd |year=2004 |publisher=Butterworths Law |location=London |isbn=978-0-406-97094-7 }}
  • United States
  • {{cite book |last=Sullivan |first=John V. |title=Constitution, Jefferson's Manual, and Rules of the House of Representatives 110th Congress |url=http://www.gpoaccess.gov/hrm/browse_109.html |year=2007 |publisher=US Government Printing Office |location=Washington, DC |isbn=978-0-16-078973-1 |url-status=dead |archive-url=https://web.archive.org/web/20081030113423/http://www.gpoaccess.gov//hrm/browse_109.html |archive-date=2008-10-30 }}
  • {{cite book |last=National Conference of State Legislators |title=Mason's Manual of Legislative Procedure |url=https://archive.org/details/masonsm_mas_2000_00_6418 |year=2000 |publisher=West Group |location=Eagan, MN |isbn=1-58024-116-6 |url-access=registration }}
  • {{cite book |title=Manual of Parliamentary Practice |url=http://etext.lib.virginia.edu/toc/modeng/public/JefBv022.html|edition=1st |last=Jefferson |first=Thomas |author-link=Thomas Jefferson |year=1801 |publisher=Samuel Harrison Smith |location=Washington, DC }}

=Comparative=

  • {{cite book

| url = http://astore.amazon.com/americinsti0a-20/detail/0942736311

| title = Comparisons of Parliamentary Authorities

| last = Education Department

| first = American Institute of Parliamentarians

| publisher = American Institute of Parliamentarians

| year = 2013

| edition = 2nd

| access-date = 2016-03-01

| archive-url = https://web.archive.org/web/20161009021222/http://astore.amazon.com/americinsti0a-20/detail/0942736311

| archive-date = 2016-10-09

| url-status = dead

}} A self-study quiz book keyed to RONR (11th), AIPSC, Demeter's Manual (Blue book ed.) and Riddick's Rules of Procedure.

  • {{Cite book

| url = http://astore.amazon.com/americinsti0a-20/detail/0942736419

| title = Differences Between AIPSC and RONR

| last1 = Glazer

| first1 = Barry

| last2 = Education Department

| first2 = American Institute of Parliamentarians

| publisher = American Institute of Parliamentarians

| year = 2015

| access-date = 2016-03-01

| archive-url = https://web.archive.org/web/20160310174936/http://astore.amazon.com/americinsti0a-20/detail/0942736419

| archive-date = 2016-03-10

| url-status = dead

}}

  • {{cite book |title=Parliamentary Parallels : a comparison of the similarities and differences of major parliamentary authorities |last=NAP |year=1997 |publisher=National Association of Parliamentarians |location=Independence, MO|isbn=1-884048-23-4}} Compares seven Parliamentary Authorities; however, it uses RONR (9th ed.) and TSC (3rd ed.) in the comparison.

= Study guides and textbooks =

  • {{cite book

| url=http://astore.amazon.com/americinsti0a-20/detail/0942736354

| title=Fundamentals of Parliamentary Law and Procedure

| last=Education Department

| first=American Institute of Parliamentarians

| publisher=American Institute of Parliamentarians

| year=2014

| edition=4th

| access-date=2016-03-01

| archive-url=https://web.archive.org/web/20161009021209/http://astore.amazon.com/americinsti0a-20/detail/0942736354

| archive-date=2016-10-09

| url-status=dead

}}