Legal Definitions - parliamentary practice

Parliamentary Practice refers to the established customs, traditions, and unwritten rules that govern how legislative bodies, committees, or other deliberative assemblies conduct their meetings, debates, and decision-making processes. While parliamentary procedure outlines the formal rules (like Robert's Rules of Order), parliamentary practice encompasses the actual application, interpretation, and evolution of these rules within a specific body, often incorporating long-standing precedents and conventions unique to that assembly.

Here are some examples illustrating parliamentary practice:

• Example 1: Debate Time Allocation in a National Legislature

  In a country's parliament, there might be a formal rule stating that each member can speak for a maximum of 10 minutes on a bill. However, through years of parliamentary practice, it has become customary for the leader of the opposition and the relevant minister to be granted extended speaking time, often 20-30 minutes, during major policy debates. This isn't explicitly written in the standing orders but is a widely accepted and followed tradition.

  This example illustrates parliamentary practice because it shows how an unwritten custom (extended speaking time for key figures) has become an accepted norm that modifies or adds to the formal rules of debate within that specific legislative body.

• Example 2: Handling of "Points of Order" in a City Council Meeting

  During a heated city council meeting, a council member raises a "point of order," claiming another member is speaking off-topic. While the formal rules state the mayor must rule immediately, the established parliamentary practice in this particular council is for the mayor to first ask the accused member to briefly clarify their relevance before making a ruling, allowing for a moment of de-escalation rather than an immediate, potentially confrontational decision.

  This example demonstrates parliamentary practice by showing a specific, customary way a formal rule (ruling on a point of order) is applied and interpreted by the presiding officer, reflecting the unique culture and precedents of that city council.

• Example 3: Committee Voting Procedures in a Professional Association

  A professional association's bylaws state that all committee decisions require a simple majority vote. However, within the association's ethics committee, it has become a long-standing parliamentary practice to strive for consensus on sensitive issues before calling for a formal vote. If consensus cannot be reached, the chair will then proceed to a vote, but only after extensive discussion and attempts to find common ground, even if the bylaws don't explicitly mandate this consensus-seeking step.

  This example highlights parliamentary practice by illustrating how a committee has developed a customary approach (seeking consensus first) that influences how it applies its formal voting rules, reflecting a preferred method of decision-making within that specific group.