A by-law (bye-law, by(e)law, by(e) law), is a set of rules or

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business

corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...

, a neighbourhood association, or depending on the jurisdiction, a

municipality A municipality is usually a single administrative division having municipal corporation, corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality' ...

. In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

and some

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...

countries, the local laws established by municipalities are referred to as ''by''(''e'')''-laws'' because their scope is regulated by the central governments of those nations. Accordingly, a

bylaw enforcement officer A bylaw enforcement officer (also called municipal law enforcement or municipal enforcement) is an employee of a municipality, county or regional district, charged with the Law enforcement, enforcement of local ordinance—By-law, bylaws, Law, l ...

is the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. In the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, the federal government and most state governments have no direct ability to regulate the single provisions of municipal law. As a result, terms such as ''

code In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communicati ...

'', '' ordinance'', or ''

regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...

'', if not simply ''law'', are more common.

Etymology

The Merriam-Webster Dictionary indicates that the origin of the word by-law is from the English word ''bilawe'', probably from

Old Norse Old Norse, also referred to as Old Nordic or Old Scandinavian, was a stage of development of North Germanic languages, North Germanic dialects before their final divergence into separate Nordic languages. Old Norse was spoken by inhabitants ...

''*bȳlǫg'', from Old Norse ''bȳr'' town + ''lag-, lǫg'' law. The earliest use of the term, which originates from the Viking town law in the

Danelaw The Danelaw (, ; ; ) was the part of History of Anglo-Saxon England, England between the late ninth century and the Norman Conquest under Anglo-Saxon rule in which Danes (tribe), Danish laws applied. The Danelaw originated in the conquest and oc ...

, wherein ''by'' is the Old Norse word for a larger settlement as in

Whitby Whitby is a seaside town, port and civil parish in North Yorkshire, England. It is on the Yorkshire Coast at the mouth of the River Esk, North Yorkshire, River Esk and has a maritime, mineral and tourist economy. From the Middle Ages, Whitby ...

and

Derby Derby ( ) is a City status in the United Kingdom, city and Unitary authorities of England, unitary authority area on the River Derwent, Derbyshire, River Derwent in Derbyshire, England. Derbyshire is named after Derby, which was its original co ...

(compare with the modern Danish-Norwegian word ''by'' meaning town, or the modern Swedish word ''by'', meaning village). Oxford English Dictionary online entry for "by-law" (subscription required) However, it is also possible that this usage was forgotten and the word was "reinvented" in modern times through the use of the adverbial prefix ''by-'' giving the meaning of subsidiary law or side-law (as in '' byway''). In any case, it is incorrect to claim that the word is related to the prepositional phrase "by law"; that is a modern conjecture contradicted by the evidence.

Municipal by-laws

Municipal by-laws are public regulatory laws; which apply in a certain area. The main difference between a by-law and a law passed by a national/federal or regional/state body is that a by-law is made by a non-sovereign body, which derives its authority from another governing body, and can only be made on a limited range of matters. A local council or municipal government derives its power to pass laws through a law of the national or regional government which specifies what things the town or city may regulate through by-laws. It is therefore a form of

delegated legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democ ...

. Within its jurisdiction and specific to those areas mandated by the higher body, a municipal by-law is no different from any other law of the land, and can be enforced with penalties, challenged in court, and must comply with other laws of the land, such as the country's constitution. Municipal by-laws are often enforceable through the public justice system, and offenders can be charged with a

criminal offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

for breach of a by-law. Common by-laws include vehicle parking and stopping regulations, animal control, building and construction, licensing, noise, zoning and business regulation, and management of public recreation areas.

Japan

Under Article 94 of the

Constitution of Japan The Constitution of Japan is the supreme law of Japan. Written primarily by American civilian officials during the occupation of Japan after World War II, it was adopted on 3 November 1946 and came into effect on 3 May 1947, succeeding the Meij ...

, regional governments have limited autonomy and legislative powers to create by-laws. In practice, such powers are exercised in accordance with the Local Autonomy Law. By-laws therefore constitute part of the legal system subordinate to the Japanese constitution. In terms of its mandatory powers and effective, it is considered the lowest of all legislation possible. Such powers are used to govern the following: * Location of the seat of government of the prefecture * Frequency of routine meetings * Number of prefectural vice-governors and vice village leaders * Number of staff attached to administrative bodies governed * Placement of regional autonomous areas * Regulation of certain municipal monies * Placement, maintenance and removal of public facilities * Appointment of subordinate offices by the prefectural governor

United Kingdom

In the United Kingdom, by-laws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation.

Australia

Australian Law The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are subs ...

there are five types of by-law, and they are established by statute: * State government authorities create by-laws as a type of "statutory rule" under an empowering Act; such by-laws must be ''made'' (or at least formally approved) by the State governor. * Local government by-laws are the most prevalent type of by-law in

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, and regulate such things as

parking Parking is the act of stopping and disengaging a vehicle and usually leaving it unoccupied. Parking on one or both sides of a road is often permitted, though sometimes with restrictions. Some buildings have parking facilities for use of the bu ...

, drinking alcohol in public places, fire prevention, and zoning controls. In

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

these by-laws are called ''ordinances'', and zoning controls are called ''Environmental Planning Instruments'' created under the Environmental Planning and Assessment Act. * Numerous specific institutions, including

universities A university () is an educational institution, institution of tertiary education and research which awards academic degrees in several Discipline (academia), academic disciplines. ''University'' is derived from the Latin phrase , which roughly ...

, are also empowered to make by-laws by their establishing legislation. * By-laws of a company or society are created as a contract among members, and a formal process must be followed to adopt or amend them. * Strata title was developed in Australia and by-laws of body corporate are also empowered by state legislation. Many people come into contact with strata by-laws on a regular basis, since they affect what people living in strata title housing can do in their homes. The most well-known of these is the "no pets in flats" rule.

Organizational by-laws

Corporate and organizational by-laws regulate only the organization to which they apply and are generally concerned with the operation of the organization, setting out the form, manner, or procedure in which a company or organisation should be run. Corporate by-laws are drafted by a corporation's founders or directors under the authority of its

charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...

articles of incorporation Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article(s) may also refer to: ...

Typical articles

By-laws widely vary from organization to organization, but generally cover topics such as the purpose of the organization, who are its members, how directors are elected, how meetings are conducted, and what officers the organization will have and a description of their duties. A common mnemonic device for remembering the typical articles in by-laws is NOMOMECPA, pronounced "No mommy, see pa!" It stands for name, object, members, officers, meetings, executive board, committees, parliamentary authority, amendment. Organizations may use a book such as ''

Robert's Rules of Order ''Robert's Rules of Order'', often simply referred to as ''Robert's Rules'', is a manual of parliamentary procedure by U.S. Army officer Henry Martyn Robert (1837–1923). "The object of Rules of Order is to assist an assembly to accomplish the ...

'' ''Newly Revised'' for guidelines on the content of their by-laws. This book has a sample set of by-laws of the type that a small, independent society might adopt. The wording of the by-laws has to be precise. Otherwise, the meaning may be open to interpretation. In such cases, the organization decides how to interpret its by-laws and may use guidelines for interpretation.

Amendment

Usually, one of the last sections in the by-laws describes the procedures for amending them. It describes who can amend them (usually the membership, but it could be the organization's

board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...

), how much notice is needed, and how much of a vote is needed. A typical requirement is a

two-thirds vote A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fun ...

provided that

previous notice In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take a particular action. These may include legislative motions, budgetary motions, supplementary budgetary motions, and petitionary ...

was given or a majority of all the members.

Relation to other governing documents

parliamentary procedure Parliamentary procedures are the accepted Procedural law, rules, ethics, and Norm (sociology), customs governing meetings of an deliberative assembly, assembly or organization. Their object is to allow orderly deliberation upon questions of inte ...

, including ''Robert's Rules of Order'', the by-laws are generally the supreme governing document of an

organization An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as ...

, superseded only by the

of an incorporated

society A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. ...

. The by-laws contain the most fundamental principles and rules regarding the nature of the organization. It was once common practice for organizations to have two separate governing documents, a

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

and by-laws, but this has fallen out of favor because of the ease of use, increased clarity, and reduced chance of conflict inherent in a single, unified document. This single document, while properly referred to as the by-laws, is often referred to as a ''constitution'' or a ''constitution and by-laws''. Unless otherwise provided by law, the organization does not formally exist until by-laws have been adopted.

Application to organizations

Unions

In some countries,

trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...

s generally have

s, which govern activities of the international office of the union as well as how it interfaces with its locals. The locals themselves can set up their own by-laws to set out internal rules for how to conduct activities. In other countries, such as the

, union by-laws are sometimes a subset of the union's constitution or implement the union's rules in more detail.

Nonprofit organizations

Nonprofit organizations in the United States applying for Federal Tax-Exemption Status are required to adopt bylaws for their organizations. Bylaws for nonprofit organizations by themselves are more of an internal organizing document than required by most states but are necessary for filing for nonprofit 501(c)(3) tax-exemption application using the Form 1023.

Chartered corporations

For corporations incorporated by

royal charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but ...

in the UK, the charter and bylaws form the governance documents approved when then charter is granted; for universities incorporated by royal charter such bylaws are normally termed

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

s. Changes to these bylaws require the approval of the Privy Council.

References

{{Authority control Administrative law Parliamentary procedure Organizational documents