Parliamentary Procedure

What parliamentary procedure is all about

Parliamentary procedure is a system of rules that a group of people may agree to use in order to discuss their common concerns and make decisions about what the group should do. It assumes that everyone in a group has equal importance and one vote. It applies to voluntary groups—groups where people choose to be members. When the members of a group understand these rules and apply them correctly, discussion and decision-making are fair and efficient. The rules have deep roots in our society and our history, and are a vital part of our democratic freedoms. Clubs, professional associations, boards of directors, student councils, and local and state government use parliamentary procedure. The federal government uses a special type of parliamentary procedure that is different from the common variety.

The most common form of parliamentary procedure

The most common form of parliamentary procedure is the set of rules given in the book, Robert’s Rules of Order Newly Revised, 11th Edition. However, a group wishing to use parliamentary procedure is not obliged to choose Robert’s Rules. There are several authorities in this field, some of them easier to use than Robert. See our article Which Parliamentary Authority Should We Choose? for a review of some options.

The book Robert’s Rules of Order

Henry Martyn Robert was an officer in the U.S. Army Corps of Engineers who published the original Robert’s Rules of Order in 1876. He wrote his book as a guide for members of ordinary societies—clubs, associations, and other groups of people who have come together because they want to accomplish a common purpose. Robert based his book on some of the procedural rules of the U.S. House of Representatives. It rapidly became very popular and is the most commonly used authority for voluntary associations in the United States today. Over the years, General Robert and his descendants have produced successive editions of the work. Robert’s original volume was 176 pages long and described 33 motions (ways of taking action). The latest version, Robert’s Rules of Order Newly Revised, 11th Edition, published in 2011, is over 800 pages long and describes 87 motions.

Our opinion on Robert’s Rules of Order

It is our view that the system of rules described in Robert’s Rules of Order is too complicated. It requires years of study to become an expert, and even experts may differ on some of the rules it contains. Readers regularly report that the book is overwhelming. Even so, there is a core to the system that is extremely useful, easy to learn, efficient, and fair. In our training and resource materials, we provide people with the essentials that will allow them to use Robert’s Rules correctly. This is far better than guessing and getting it wrong, or being bullied by people who claim to know the rules when in fact they don’t. It is estimated that 90% of the voluntary societies in our country today include Robert’s Rules of Order as the authority in their bylaws. Learning the fundamentals of this system will help every board director, city council member, or club leader to guide their organization well and accomplish its goals quickly, efficiently, inclusively, and fairly.

Alternatives to Robert’s Rules of Order

Robert’s Rules of Order is only one of several parliamentary authorities. Unless applicable law provides otherwise, any group is free to choose the parliamentary authority it prefers. Please note, however, that there is such a thing as common parliamentary law. The courts have found that clubs, associations, corporations, and councils are bound by common parliamentary law. Courts often defer to Robert's Rules of Order as the definitive statement of the common parliamentary law.

Authorities for parliamentary law

The most common authority in the United States is Robert’s Rules of Order Newly Revised, 11th Edition. General Henry Martyn Robert, the original author of Robert’s Rules of Order, also wrote a book called Parliamentary Law that explains many of the principles of common parliamentary law. Other well-known authorities include The Standard Code of Parliamentary Procedure, also known as Sturgis, and Demeter’s Manual of Parliamentary Law and Procedure.

Corporations and parliamentary procedure

The directors of any corporation, whether for-profit or nonprofit, should determine whether their state requires them to use parliamentary procedure, and read their bylaws to see whether this requirement is included. Even if the applicable state law or an organization’s bylaws do not require the use of parliamentary procedure, courts have found that legal entities such as corporations are obliged to follow common parliamentary law.

Parliamentary procedure while at work

Parliamentary procedure is not relevant when one person is the boss—is in charge of—the actions of other people in the same group. That situation is a hierarchy, like a pyramid. Parliamentary procedure is relevant when members are of equal standing or status, as in a circle. Although parliamentary procedure does not apply in direct employer/employee relations, unions use it in their internal affairs.

Common parliamentary law

Common parliamentary law is a set of principles that have been affirmed by the courts over centuries about the rights and responsibilities of members of a voluntary group (club, society or association). It is the distillation of the essential principles of parliamentary procedure. These principles, like the common law, are based on previous decisions of the courts. There is no single person or book that has collected them and written them all down in such a way as to be definitive or binding. However, the principles can be determined by studying the different authorities. In addition, courts often defer to Robert's Rules of Order as the definitive statement of the common parliamentary law.

What to do when there is a disagreement about parliamentary procedure

Experts, called parliamentarians, study common parliamentary law and specific authorities. They provide written parliamentary opinions when requested. If a parliamentary opinion is not accepted by all parties in a dispute, however, the only way to determine how common parliamentary law applies is to take the matter to the courts. Parliamentarians can serve as expert witnesses on disputed points.

Professional registered parliamentarian

A professional registered parliamentarian has been certified by the National Association of Parliamentarians as demonstrating the knowledge, skills and ability required to offer professional services in this field. There are other parliamentary credentials as well. Information about these credentials can be found at the NAP website and the AIP website.