Parliamentary procedure

“ 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. ”

“ A judicious presiding officer will remember there are many things, such as inconsistency, incompatibility, or unconstitutionality of proposed action, which are for the assembly to decide, and while he may offer suggestions in reference to the subject, he should not attempt to dictate or to usurp the rights of the assembly by suppressing such action as being out of order, for in all such cases the will of the majority is the supreme power and the decision of the chair may be promptly overruled by the assembly. ”

“ While the rules adopted and used by the House of Representatives are recognized authority in legislative bodies of the country, yet because it is so large a body, its business so complicated, and the supremacy of party so strong, its laws cannot always be followed as a model. ”

“ As the order and decorum of an assembly often depends more upon the conduct of the presiding officer than upon any other condition, it therefore follows that in order to have perfect control of the assembly he should be able to control himself, pay strict attention to all debate, be ready to answer all parliamentary inquiries and to explain the parliamentary effect of proposed acts of the assembly. ”

“ 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 also unwise for an ordinary society to adopt the widely differing and constantly changing rules of the various state legislatures, since in all large assemblies the deliberating is usually done by committees. Then, too, because these rules are adapted to the peculiar wants of large bodies, and are often not suitable for ordinary assemblies, it follows that legislative rules should not be appealed to as governing ordinary assemblies in every matter of detail, but only in the absence of special rules or of an adopted authority are they of any force in other assemblies. ”

“ 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 ”

“ In ordinary deliberative assemblies the right to debate questions before taking final action upon them should never be suppressed by less than a two-thirds vote, and the motion to lay on the table should be used only for its legitimate parliamentary purpose of laying aside a question temporarily.
Where the practice of Congress differs from that of Parliament, the common law of this country usually follows the practice of Congress. ”

“ 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. ”

“ 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. ”

“ At present, if the Commons decidedly oppose that policy, the Prime Minister, with his Cabinet, either resigns, and a new Cabinet is chosen, or the Minister appeals to the people for support, and the sovereign dissolves Parliament and orders a new parliamentary election, by which the nation decides the question. ”

“ 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. ”

“ 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. ”

“ Being responsible for the whole conduct of parliamentary business, he must keep a close watch upon every pending bill, and determine how much of Government time shall be 218 allotted to each, and in what order they shall be taken, and how far the general feeling of the House will let him go in seizing the hours usually reserved for private members, and in granting or refusing opportunities for discussing topics he would prefer to have not discussed at all. ”

“ If, however, we speak of parliamentary strategy in its larger sense, as covering familiarity with parliamentary forms and usages, the powers of seizing a parliamentary situation and knowing how to deal with it, the art of guiding a debate and choosing the right moment for reserve and for openness, for a dignified retreat, for a watchful defense, for a sudden rattling charge upon the enemy, no one had a fuller mastery of it. His recollection of precedents was unrivaled, for it began in 1833 with the first reformed Parliament, and it seemed as fresh for those remote days as for last month. ”

“ 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. ”

“ The parliamentary chambers have never directly avowed a purpose to amend a single article of the Statuto, but numerous measures which they have enacted have, with clear intent, taken from the instrument at some points, have added to it at others, and have changed both its spirit and its application. Care has been exercised that such enactments shall be in harmony with the public will, and in practice they are rarely brought to a final vote until the country shall have been given an opportunity to pass upon them at a general election. ”

“ The reform measures of 1867 and 1884, establishing in substance a system of manhood suffrage in parliamentary elections, converted the House of Commons into an organ of thoroughgoing democracy. The development of the cabinet system brought the working executive, likewise, within the power of the people to control. ”

“ 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. ”

“ It proposed that a parliament should meet every year, to sit not less than a certain number of days, nor more than another certain number, each of which should be fixed by law; that if at the close of a session any parliamentary business remained unfinished, a committee should be appointed with power to sit and bring it to a conclusion; that a new parliament should be summoned every two years, unless the former parliament had been previously dissolved with its own consent ”

“ 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. ”

“ When the great measure of Reform in Parliament was introduced in 1831, apart from all question of party struggles there was the still greater question considered by many reflecting people, whether the new Parliamentary and electoral system would be found compatible with the old practice of government by means of party and steady Parliamentary majorities. ”

“ Were our government a parliamentary system, such as exists among the free peoples of the Old World, we should have a legislature promptly responsive to movements of the popular will, a ministry sitting in one or the other house of Congress, and dependent for continuance in power upon the support of a majority in the Lower House, and an executive disarmed in whole or in part of the power to negative legislative enactments. ”

“ It is appropriate to surrender the parliamentary power of making political decisions back to the people, by dissolving the House of People's Representatives for [the purpose of] organising a general election of new Members of the House of People's Representatives ”

“ Throughout upwards of a hundred years, however, the scheme of parliamentary organization which was to take the place of that which had been cast aside continued uncertain. During the Revolution ultra-democratic reformers very generally favored the maintenance of a national assembly of but a single house, and it was not until the promulgation of the constitution of 1795 that a frame of government including provision for a legislature of two houses was brought into operation. ”

“ Parliament is seldom disposed to stand very rigidly upon its rights; indeed, it sometimes delegates expressly to the ministry the exercise of sweeping legislative authority. The final text of the great electoral law of 1882, for example, was never considered in the chambers at all. After debating the subject to their satisfaction, the two houses simply committed to the Government the task of drawing up a permanent draft of the measure and of promulgating it by executive decree. The same procedure has been followed in other fundamental matters. ”

“ Thus is the parliamentary rule which forbids a person unfriendly to the business of the committee, whatever it may be, whether bill or inquiry, from serving on the committee, one of those inhibitions by which public business is promoted, by which impartiality is secured, [Pg 55] and especially by which a minority is shielded against the wantonness of power. ”

“ The power of parliament is so great and extensive, that it makes, amends, reduces, revives, and abrogates laws, statutes, 111and ordinances, concerning matters ecclesiastical, civil, and military. None can begin, continue, or dissolve this council, but by the King’s authority. ”

“ As many as are in favor of now putting the question on the motion to commit and its amendment will rise; those opposed will rise. There being two-thirds in favor of the motion, the debate is closed on the motion to commit and its amendment, and the question is on the amendment," etc. While this form is allowable, yet it is better to conform to the regular parliamentary form as given above.
The Object of the previous question is to bring the assembly at once to a vote on the immediately pending question and on such other pending questions as may be specified in the demand. ”

“ The parliament is regularly to be summoned by the king's writ or letter, issued-146- out of chancery by advice of the privy council, at least forty days before it begins to sit. It is a branch of the royal prerogative, that no parliament can be convened by it's own authority, or by the authority of any, except the king alone. ”

“ In the new system which rendered the houses of parliament partakers in the executive administration, they were drawn themselves into the approbation of every successive measure, either on the propositions of ministers, or as often happens more indirectly, but hardly less effectually, by passing a negative on those of their opponents. ”

“ The Parliaments are so altered from their original Constitution, that between the Court and the Country, the House, instead of being united, is like Troops of a contrary Party facing one another, and watching their Advantage.
Even the well-meaning Men who have good Sense too, have their Difficulties in an Assembly; what they offer honestly for a good End, will be skilfully improved for an ill one. ”

“ Certain continental nations, notably France and Italy, possess the forms of parliamentary government, adopted within times comparatively recent and taken over largely from Great Britain. In these countries, however, the multiplicity of parties effectually prevents the operation of the parliamentary system in the fashion in which that system operates across the Channel. Ministries must be made up invariably of representatives of a number of essentially independent groups. ”