Parliamentary Law and the Development of Organizations, Leaders, and Advocates
A powerful device for use in advocating ideas and ensuring fairness is parliamentary law. Used in some form by almost all organized groups, the rules of order that various members adopt to self-govern are critical in determining how business is conducted. “Rules are necessary because it is dangerous to rely on the inspiration of the moment for standards of action or conduct.”¹ Governments, corporations, unincorporated associations, and other groups need structure that procedure and rules provide in order to flourish. “If there are no rules, or established customs that have the force of rules, there is no restraint upon the majority, and no way by which the rights of the minority can be protected.”² Acquiring a basic understanding of parliamentary law can help ensure organizations are effective in carrying out their stated objectives. Parliamentary law is a useful tool in the development of leaders and advocates. Understanding the rules adopted by an organization empowers a member to fully engage in the business of the group and to provide leadership.
Parliamentary law is known by several other names including parliamentary procedure, parliamentary practice, and rules of order.³ Subordinate to applicable jurisdictional law (such as federal, state, and municipal laws), parliamentary law is at its core a study of how organizations choose to govern themselves. According to Demeter, “There are five great principles underlying the rules of parliamentary law, namely: (1) Order. That is, there must be orderly procedure. (2) Equality. That is, all members are equal before the rule of law. (3) Justice. That is, “justice for all.” (4) Right of the minority to be heard on questions; (5) Right of the majority to rule the organization.”⁴ To fully participate in the work of an organization a member must understand how the organization operates. Understanding how to make a motion, how to amend motions presented by other members, and how to debate ideas are all an expectation of membership. In addition, understanding methods to adopt and amend meeting agendas, election procedures, and how to amend bylaws are additional responsibilities all members of an organization should educate themselves on. An individual who is knowledgeable and aware of such procedures adds value. Influence can be gained by direct input and by helping others process their thinking so that issues are fully explored. Decisions often impact underrepresented parties in unfavorable ways; parliamentary law correctly applied allows for mitigation of unfavorable impacts through fair engagement.
Authoritative parliamentary manuals are useful in gaining a more complete understanding of parliamentary law. A parliamentary authority supplements, but never conflicts with, rules it is subordinate to. Developed organizations are governed by many rules. Constitutions, bylaws, and special rules of order can be refined over time to codify organizational understandings. Other rules of order (absent from the documents previously listed) may be adopted which are contained in a parliamentary authority. Only by reading a parliamentary authority in proper context can one fully understand the governance of an organization. Just as multiple dictionaries exist, so do many useful manuals containing rules of order for organizations to reference. Cannon states that “There is no single authority on the subject of parliamentary procedure and never has been, although Robert’s Rules of Order…many times revised, is comprehensive and the best known in America.”⁵ Many organizations have adopted the latest edition of Robert’s Rules of Order Newly Revised as their parliamentary authority which is a reliable reference for almost every circumstance an organization may encounter.⁶ Other authorities that an organization or individual may adopt and reference include the American Institute of Parliamentarians Standard Code of Parliamentary Procedure, Demeter’s Manual of Parliamentary Law and Procedure: Blue Book edition, Cannon’s Concise Guide to Rules of Order, and Riddick’s Rules of Procedure: A Modern Guide to Faster and More Efficient Meetings which are all capable of dealing with procedures for regular societies and organizations.⁷ The latest edition of Mason’s Manual of Legislative Procedure is suitable for reference in municipal legislatures across the United States and the latest published editions of Erskine May: Parliamentary Practice and Bourinot’s Rules of Order… may be of use for legislative organizations respectively in the United Kingdom and Canada.⁸ Parliamentary Practice: An Introduction to Parliamentary Law and Parliamentary Law: Bicentennial Edition both provide further insight and clarity regarding parliamentary subjects.⁹
The impeachment trial of President Donald John Trump in the United States Senate provided a public display showcasing the significance of parliamentary law and debate. Following rules outlined in their parliamentary authority, The Senate Manual containing the Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate, members of the Senate, managers from the House of Representatives, and the defense team carefully navigated procedures with the assistance of Chief Justice of the United States John Glover Roberts, Jr. (serving as presiding officer of the trial) and Parliamentarian of the United States Senate Elizabeth Coss MacDonough (serving as the parliamentary advisor to the presiding officer). Similar adherence to procedures is followed in meetings each day across the world by nonprofit boards, city councils, home owner associations, fraternal orders, and many other organizations that use parliamentary law to conduct unique business before them. Often, due to lack of experience or confidence, members of such organizations allow transactions to be processed by more experienced members. This passive delegation of authority and voice is dangerous and counter to true advocacy. Even worse, some members with advanced knowledge may attempt to use their advantage in ways that limits the rights of other members. Leadership, with and without title, should ensure that parliamentary law is not used in a manner that limits the rights of others. “Parliamentary procedure should not be used to awe, entangle, or confuse the uninitiated. The rules should be used only to the extent necessary to observe the law, to expedite business, to avoid confusion, and to protect the rights of members.”¹⁰ “The goals of every member in a meeting should be to understand the issues, to debate freely those issue when debate is appropriate, to express their views clearly, and to make certain that their votes are counted correctly.”¹¹ The importance of parliamentary law and procedure to leadership should not be underestimated.
Parliamentary law aids leadership that is needed in all areas of our society and assists with the development of leaders. Gaining an understanding of parliamentary law can help ensure organizations are effective in processing business, completing objectives, and advocating on behalf of common interest. Organizations become stronger when members are educated in rules of order; the membership improves internal functioning and can establish a leadership presence externally in a variety of supplementary organizations. “Ignorance of the rules and customs of deliberative assemblies is a heavy handicap to any one who expects to influence the policy of a society.”¹² Parliamentary procedure helps balance membership engagement and ensures diverse opinions and ideas are heard. Leaders who champion goodwill should become more familiar with available parliamentary resources in order to maximize organizational and individual advocacy impact.
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Notes
1. George Demeter, Demeter’s Manual of Parliamentary Law and Procedure: Blue Book edition (Boston: Little, Brown and Company, 1969), 5
2. General Henry M. Robert, Parliamentary Practice: An Introduction to Parliamentary Law (New York: The Century Company, 1921), xii
3. George Demeter, Demeter’s Manual of Parliamentary Law and Procedure: Blue Book edition (Boston: Little, Brown and Company, 1969), 5
4. George Demeter, Demeter’s Manual of Parliamentary Law and Procedure: Blue Book edition (Boston: Little, Brown and Company, 1969), 5
5. Hugh Cannon, Cannon’s Concise Guide to Rules of Order (Boston: Houghton Mifflin Company, 1992), xviii
6. Robert’s Rules of Order New Revised is currently in its 11th edition (Henry M. III Robert, Daniel H. Honemann, Thomas J. Balch, et. al, Robert’s Rules of Order Newly Revised, 11th edition (New York: PublicAffairs, 2011)), the 12th edition is scheduled for release in August 2020
7. American Institute of Parliamentarians, American Institute of Parliamentarians Standard Code of Parliamentary Procedure (New York: McGraw Hill Company, 2012), George Demeter, Demeter’s Manual of Parliamentary Law and Procedure: Blue Book edition (Little, Brown and Company, 1969), Hugh Cannon, Cannon’s Concise Guide to Rules of Order (Houghton Mifflin Company, 1992), and Floyd Riddick, Miriam Butcher, Riddick’s Rules of Procedure: A Modern Guide to Faster and More Efficient Meetings (Lanham, MD: Madison Books, 1991)
8. Paul Mason, Mason’s Manual of Legislative Procedure (Sacramento, CA: National Conference of State Legislatures, 2010), Malcolm Jack, D. Natzler, Thomas May, Erskine May: Parliamentary Practice 25th edition (London: LexisNexis, 2019), and John George Bourinot, Rules of Order Being a Canadian Manual on the Procedure at Meetings of Shareholders and Directors of Companies, Conventions, Societies and Public Assemblies Generally (Toronto: McClelland & Stewart, 1924)
9. Henry M. Robert, Parliamentary Practice: An Introduction to Parliamentary Law (New York: The Century Company, 1921), and Henry M. Robert, Parliamentary Law: Bicentennial Edition (New York: Irvington, 1975) are both excellent books to increase general parliamentary knowledge but were not created to be adopted as a parliamentary authority for an organization.
10. American Institute of Parliamentarians, American Institute of Parliamentarians Standard Code of Parliamentary Procedure (New York: McGraw Hill Company, 2012), 7
11. Hugh Cannon, Cannon’s Concise Guide to Rules of Order (Boston: Houghton Mifflin Company, 1992), 51
12. General Henry M. Robert, Parliamentary Practice: An Introduction to Parliamentary Law (New York: The Century Company, 1921), xiii
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This article was originally published in the Sphinx Vol. 106 №2. Republished here with permission.
