Parliamentary law

“ By general consent many things can be done that will save much time, but where the assembly is divided and contains members who are continually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the Chairman to suggest how the desired object can be accomplished. ”

“ A work on parliamentary law has long been needed, based, in its general principles, upon the rules and practice of Congress, but adapted, in its details, to the use of ordinary societies. Such a work should give not only the methods of organizing and conducting meetings, the duties of officers and names of ordinary motions, but should also state systematically in reference to each motion, its object and effect ”

“ But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English parliamentary law as the common law of ordinary deliberative assemblies. ”

“ While in extreme cases there is no difficulty in deciding the question as to whether the practice of Congress determines the common parliamentary law, yet between these extremes there must necessarily be a large number of doubtful cases upon which there would be great difference of opinion, and to avoid the serious difficulties always arising from a lack of definiteness in the law, every deliberative assembly should imitate our legislative bodies in adopting Rules of Order for the conduct of their business. [1]
Plan of the Work. ”

“ An assembly cannot suspend any part of its Constitution or By-laws even by a unanimous vote, unless the Constitution or By-laws provide for such suspension. No rule of parliamentary law can be suspended for any purpose. ”

“ It is therefore customary for societies to adopt some authority as a guide in its procedure. When such authority as adopted it should be closely adhered to in all cases to which it is applicable, and is not inconsistent with the organic law or special rules of the society. Any assembly may, however, modify the rules or make for its government special rules which supersede the adopted authority and common parliamentary usage in all points to which they relate, and are binding on its members so long as in force, but have no force in any assembly except that which created them. ”

“ He must have sufficient knowledge of committees to enable him, without embarrassment, to serve as chairman of one. He must thoroughly understand the subject of amendments, which is the most important, and, perhaps, the most difficult part of parliamentary law. ”

“ As to the right and jurisdiction of the House to refuse to allow the form of the Oath prescribed to be taken by duly elected Members to be taken by them, your Committee are of opinion that there is and must be an inherent power in the House to require that the law by which the proceedings of the House and of its Members in reference to the taking of the Parliamentary Oath is regulated, be duly observed. ”

“ Therefore, while revising the Rules of Order, the author decided to write a work on parliamentary law solely for the reader, using all the space necessary to make each subject simple and clear. This made the book, entitled "Parliamentary Law," a large work, and no way was seen to reduce its size without sacrificing either clearness or important subjects. ”

“ Without some knowledge of this subject one is powerless in an assembly where his opponents are skilled parliamentarians, and therefore, in a land where perhaps most of the persons who have reached the age of sixteen years are members of one or more societies, some knowledge of parliamentary law may be justly regarded as a necessary part of the education of every man and woman, every boy and girl. ”

“ By explaining the reason for the rule, and by giving proper forms for presenting questions to the assembly, the author hopes to give the student information which will enable him to understand the basic principles of parliamentary law. While giving forms for stating the question, putting to vote and declaring the result, the author does not assert that said form are the best, but that they are good forms, which may be varied at the will of the chairman. ”

“ One who is constantly raising points of order and insisting upon the strict observance of every rule in a peaceable assembly in which most of the members are ignorant of these rules and customs, makes himself a nuisance, hinders business, and prejudices people against parliamentary law. ”

“ If the vote is by ballot, the chairman must cast his vote before the tellers have commenced to count the ballots, or his right to vote is lost.
52. It is the duty of members to vote when clear as to their convictions; but while a society may make a rule making it obligatory upon all members present to vote on every question, there is no rule in parliamentary law requiring that all members of the assembly vote on any question; therefore, by a majority vote is meant a majority of the members voting on the question, not a majority of all the members, nor of the members present. ”

“ The subsidiary motion to postpone means to postpone the consideration of the pending questions, whereas to change the date in a pending question is an amendment.
Don't say "I support, or I sustain the motion," but say "I second the motion."
Don't wait to obtain the floor in order to second a motion.
HOW TO STUDY PARLIAMENTARY LAW.
Every one who wishes to study parliamentary law should be able to place himself in one of the three following classes: as a member of a class under a competent instructor; as one of a group studying without a teacher; or as studying privately. ”

“ While simplicity has been his chief aim, the author has endeavored to give a complete outline of the subject in as few words as possible, by omitting nothing which should be said and saying nothing which might be omitted, and to arrange and explain each motion in so concise a manner that any person, whether informed or not upon parliamentary law, will, after a careful perusal of the pages, be competent to take an active part in the proceedings of any deliberative assembly, or be able to preside at a public meeting with the ease and dignity expected of a presiding officer. ”

“ It was principally through the agency of party spirit, party contest, and party unity that there was established by degrees that single and collective responsibility of ministers which lies at the root of parliamentary government; and, but for the coherence and stability with which political activity is invested by party organization, the operation of the parliamentary system would be an impossibility. The law of the British constitution does not demand the existence of parties ”

“ Believing that few of the works published are practical for the use of beginners, and feeling the necessity for a book which is at once accurate and comprehensive, the author, after many years of both careful study and close observation, and urged by a desire to present to the public a work that will relieve the student of the labor which a thorough examination of the many authorities on parliamentary law necessarily involves, offers this little volume. ”

“ A large proportion of the most valuable of the provisions in Magna Charta, and the bill of rights in 1688, consists of a solemn recognition, of limitations upon the power of parliament; that is, a declaration, that parliament ought not to abolish, or restrict those rights. Such are the right of trial by jury; the right to personal liberty and private property according to the law of the land; that the subjects ought to have a right to bear arms; that elections of members of parliament ought to be free ”

“ In this passage the two times a year seem to be stationary; the calling a parliament oftener than two times a year, if need were, is plainly intended for contingencies of state, and when the ardua regni, or extraordinary affairs of the nation required an extraordinary parliament. I say, and will make it out to all the world, by laws and declarations of parliament, that the King has a power of calling parliaments within the law; but I never did, nor ever will say to the end of my life, that the King can hinder parliaments appointed by law. ”

“ On assuming office, the Federal President shall take the following oath in the presence of the assembled members of the Bundestag and the Bundesrat:
"I swear that I shall dedicate my strength to the well-being of the German people, enhance what is to its advantage, ward off what might harm it, uphold and defend the Basic Law and the laws of the Federation, fulfil my duties conscientiously and do justice to every man. So help me God." ”

“ Soon, however, legislation by ordinance aroused the jealousy of parliament, especially when it was found that acts of parliament were altered and their purpose defeated by this means. Consequently in 1389 the Commons presented a petition to King Richard II. asking that no ordinance should be made contrary to the common law, or the ancient customs of the land, or the statutes ordained by parliament. For this and other reasons this form of legislation fell gradually into disuse, becoming obsolete in the 15th century. The modern equivalent of the ordinance is the order in council. ”

“ The Federal Constitutional Court shall consist of federal judges and other members. The members of the Federal Constitutional Court shall be elected half by the Bundestag and half by the Bundesrat. They may not belong to the Bundestag, the Bundesrat, the Federal Government or corresponding bodies of a Land.
(2) A federal law shall regulate its legal constitution and procedure and determine in which cases its decisions shall have the force of law. ”

“ Nominally, it is true, an unfavorable vote in the Deputies upon a Government measure or action involves the retirement of a minister, or of the entire cabinet, unless the crown is willing to dissolve the Chamber and appeal to the country; and no Government project of consequence can be carried through without parliamentary approval. Practical conditions within the kingdom, however, have never been favorable for the operation of parliamentarism in a normal manner. In the first place, the parliament itself is in no wise representative of the nation as a whole. ”

“ Our parliamentary gentlemen began as humbly as those of England, and though, as I have said, their assembly was but a simple court of justice, limited in its jurisdiction like the other courts of the realm, to judge disputes between private people, yet by dint of hammering upon the word parliament they believed themselves not less important than their English brethren, who form the legislative assembly, and represent all the nation. ”

“ One very clear cause of failure in the House of Lords to give satisfaction lies in the fact that, although government by Party is the very groundwork of the parliamentary constitution, as far as the Upper House is concerned such an idea might just as well not exist at all. ”

“ Whether or no it be the known, established law of parliament, that the expulsion of a member of the House of Commons, of itself creates in him such an incapacity to be re-elected, that, at a subsequent election, any votes given to him are null and void; and that any other candidate, who, except the person expelled, has the greatest number of votes, ought to be the sitting member. ”

“ And, when the bill has received the royal assent in either of these ways, it is then, and not before, a statute or act of parliament.
This statute or act is placed among the records of the kingdom; there needing no formal promulgation to give it the force of a law, as was necessary by the civil law with regard to the emperors edicts: because every man in England is, in judgment of law, party to the making of an act of parliament, being present thereat by his representatives. ”

“ A proxy is a power of attorney given by a person who has a right to vote to another person, granting this second person the right to vote in his place. Proxy voting is allowable only when the charter of the society of corporation, the organic law of the order, or some law passes by competent authority, gives proxy power. A proxy may be unlimited, or it may be limited as to the subject, to how he shall vote, the time, etc. ”

“ THE FEDERATION AND THE LAENDER
Article 20
(1) The Federal Republic of Germany is a democratic and social federal state.
(2) All state authority emanates from the people. It shall be exercised by the people in elections and plebiscites and by means of separate legislative, executive and judicial organs.
(3) Legislation shall be limited by the constitution, the executive and the administration of justice by legislation and the law.
Article 21
(1) The parties shall participate in forming the political will of the people. They can be freely formed. ”

“ In addition, independent central federal authorities and new public law corporations and institutions directly supervised by the Federation may be established by federal legislation for matters on which the Federation has the power to legislate. Should the Federation acquire new functions in matters for which it has legislative competence, federal authorities at middle and lower levels may in case of urgent need be established with the approval of the Bundesrat and of the majority of the Bundestag. ”

“ The state treaties concluded by the German Reich concerning matters for which, according to this Basic Law, Land legislation is competent, shall remain in force if they are valid and continue to be valid according to general basic principles of law, while reserving all the rights and objections of those concerned, until new state treaties shall have been concluded by the authorities made competent to do so by this Basic Law or until they are otherwise terminated on the grounds of the provisions they contain. ”