In a
deliberative assembly
A deliberative assembly is a meeting of members who use parliamentary procedure.
Etymology
In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly," and the expression became ...
, disciplinary procedures are used to punish members for violating the rules of the assembly.
Codes and rules
According to
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.
"The object of Rules of Order is to assist an assembly to accomplish the work for whic ...
Newly Revised (RONR), discipline could include censure, fine, suspension, or expulsion.
The officers may be removed from their position, including the position of the chair. If an offense occurs in a
meeting
A meeting is when two or more people come together to discuss one or more topics, often in a formal or business setting, but meetings also occur in a variety of other environments. Meetings can be used as form of group decision making.
Defin ...
, the assembly, having witnessed it themselves, can vote on a punishment without the need for a trial.
The
chair
A chair is a type of seat, typically designed for one person and consisting of one or more legs, a flat or slightly angled seat and a back-rest. They may be made of wood, metal, or synthetic materials, and may be padded or upholstered in vari ...
has no authority to impose a penalty or to order the offending member to be removed from the hall, but the assembly has that power.
Mason's Manual of Legislative Procedure
''Mason's Manual of Legislative Procedure'', commonly referred to as ''Mason's Manual'', is the official parliamentary authority of most state legislatures in the United States. This 700+ page book has been "Adopted as the authority on questions ...
states that the power of discipline is within the assembly as a whole and not the presiding officer acting alone.
A
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
is required if the offense occurs outside a meeting and the organization's rules do not describe the disciplinary procedures. The
Standard Code of Parliamentary Procedure (TSC) states that in trials of disciplinary procedures, members should be given due notice and a fair hearing. The trial could be held in a meeting of the organization or in a meeting of a
committee
A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
appointed by the organization for such a purpose.
Nonmembers of the body that is meeting have no rights.
Nonmembers may be removed by the chair acting alone.
According to the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
, "it is common practice in
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
s of the Member States of the
Council of Europe that Parliaments exercise control over behaviour in Parliament": the Court notes the importance of orderly conduct in Parliament and recognises the importance of respect for constitutional institutions in a democratic society. Its supervisory role consists in balancing those interests in the specific circumstances of the case against the rights affected in order to determine the proportionality of the interference.
Types of discipline
Censure
Censure is an expression of strong disapproval or harsh criticism. It can be adopted without formal disciplinary procedures.
Fine
A member may be assessed a fine for not following a rule. For example, in a club, if a member is not wearing a name badge, that member may be charged a fine. Fines may be assessed only if authorized in the bylaws of the organization.
Suspension
A member may have a right, some rights, or all rights of membership suspended for a period of time. This action may result in a loss of "
good standing" within the organization.
Removal from office
A member may be removed from office. For example, the president could be temporarily removed from presiding over a meeting using a
suspension of the rules
In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended.
Explanation of use
Rules are ess ...
. Procedures to permanently remove members from office vary; some organizations allow removal only for cause, while in others, removal may be done at the pleasure of the membership.
Expulsion
A member may be expelled from the organization or assembly. An example is
expulsion from the United States Congress
Expulsion is the most serious form of disciplinary action that can be taken against a Member of Congress. The United States Constitution ( Article I, Section 5, Clause 2) provides that "Each House f Congressmay determine the Rules of its proceed ...
.
See also
*
Recall election
A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a referendum before that official's term of of ...
References
{{Portal bar, Politics
Parliamentary procedure