
In law, a resolution is a
motion
In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
, often in writing, which has been adopted by a
deliberative body
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 the ...
(such as a corporations' board and or the house of a legislature). An alternate term for a resolution is a ''resolve''.
In corporations
In corporations, a written resolution is especially useful in the case of the
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 ...
of a
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 ...
, which usually needs to give its consent to
real estate purchases or sales by the corporation. Such a resolution, when certified by the corporation's
secretary
A secretary, administrative assistant, executive assistant, personal secretary, or other similar titles is an individual whose work consists of supporting management, including executives, using a variety of project management, program evalu ...
, gives assurance to the other side of the transaction that the sale was properly authorized. Other examples include resolutions approving the opening of bank accounts or authorizing the issuance of shares in the corporation.
Legislative bodies
In many legislative bodies, the term resolution is the way a
motion
In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
which has been approved is called.
In the United States, resolution means a proposal made in writing, while motion means a proposal made verbally.
Houses of a
legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
often adopt
non-binding resolution
A non-binding resolution is a motion adopted by a deliberative body that does not enact a law or a substantive rule, and is simply used to make known what the opinions of that body are in relation to a certain fact or event.
This type of resoluti ...
s.
However, a legislature also uses resolutions to exercise one of its binding powers that isn't a lawmaking power. For example, the
United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
declares war or proposes
constitutional amendment
A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
s by adopting a
joint resolution
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the president for their approval or disapproval. Generally, there is no legal diffe ...
. A house of a legislature can also use a resolution to exercise its specific powers, as the
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 memb ...
does to elect its
Speaker
Speaker most commonly refers to:
* Speaker, a person who produces speech
* Loudspeaker, a device that produces sound
** Computer speakers
Speaker, Speakers, or The Speaker may also refer to:
Arts and entertainment
* "Speaker" (song), by David ...
or as the
United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
does to
impeach
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In Euro ...
an officer of the
government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
.
Types
Non-binding
In a house of a
legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
, the term
non-binding resolution
A non-binding resolution is a motion adopted by a deliberative body that does not enact a law or a substantive rule, and is simply used to make known what the opinions of that body are in relation to a certain fact or event.
This type of resoluti ...
refers to measures that do not become
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 ...
s. This is used to differentiate those measures from a
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Pl ...
, which is also a resolution in the technical sense. The resolution is often used to express the body's approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
, or being protected by 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 ...
. An example would be a resolution of support for a nation's
troops
A troop is a military sub-subunit, originally a small formation of cavalry, subordinate to a Squadron (cavalry), squadron. In many armies a troop is the equivalent element to the infantry section (military unit), section or platoon. Exception ...
in
battle
A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and force co ...
, which carries no
legal
Law is a set of rules that are created and are law enforcement, 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 Socia ...
weight, but is adopted for
moral support
Moral support is a way of giving support to a person or cause, or to one side in a conflict, without making any contribution beyond the emotional or psychological value of the encouragement by supporting them.
For example, in a war between two c ...
.
Substantive and procedural
Substantive resolutions apply to essential legal principles and rules of right, analogous to
substantive law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...
, in contrast to procedural resolutions, which deal with the methods and means by which substantive items are made and administered.
Historical examples of resolutions
*
Gulf of Tonkin Resolution
The Gulf of Tonkin Resolution or the Southeast Asia Resolution, , was a joint resolution that the United States Congress passed on August 7, 1964, in response to the Gulf of Tonkin incident.
It is of historic significance because it gave U.S. ...
*
Kentucky and Virginia Resolutions
The Kentucky and Virginia Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued ...
*
United Nations General Assembly resolution
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the United Nations General Assembly, General Assembly.
General Assembly resolutions usually require a simple majority ...
s
*
United Nations Security Council resolutions
*
War Powers Resolution
The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) () is a federal law intended to check the U.S. president's power to commit the United States to ...
See also
*
Courtesy resolution Courtesy resolution is a non- controversial resolution in the nature of congratulations on the birth of a child, celebration of a wedding anniversary, congratulations of an outstanding citizen achievement or a similar event. It is "a resolution exp ...
*
Main motion
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 ...
*
Preamble
A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...
References
Notes
{{Authority control
Motions (parliamentary procedure)
Parliamentary procedure