Legal Definitions - tacit prorogation

Tacit prorogation refers to the implied or unspoken understanding that a legislative or deliberative body's session has effectively ended or is suspended, even without a formal, explicit declaration of prorogation. Instead of a formal decree or vote, the cessation of the session occurs through a prolonged period of inactivity, an unspoken agreement, or a general understanding among its members that the current period of work has concluded. This concept is quite rare in modern constitutional systems, where prorogation is almost always a formal and declared act.

• Example 1: Community Advisory Board

  A local community advisory board, formed to provide input on a new park development, meets regularly for several months. After the park's design is finalized and approved, the board members simply stop scheduling future meetings. There is no formal vote to adjourn indefinitely or to prorogue their session. However, after several weeks of no activity, all members implicitly understand that the board's active "session" for that particular project has concluded, and they are no longer expected to meet until a new issue arises or new leadership is appointed.

  This illustrates tacit prorogation because the board's session is effectively suspended not by a formal resolution, but by the unspoken agreement and lack of continued activity among its members, signaling an implied end to their current period of work.

• Example 2: Historical Royal Council

  In a historical context, a monarch might have a council of nobles and advisors that convenes to discuss matters of state. After a major war concludes and peace is established, the monarch might simply cease to summon the council for an extended period, perhaps for a year or more. No formal decree is issued stating that the council's session is prorogued. Nevertheless, all the nobles and the public understand that the council's active period of deliberation has effectively ceased until the monarch decides to reconvene it for new matters.

  Here, the council's session is effectively prorogued through the monarch's prolonged inaction and the implied understanding of all parties involved, rather than a formal, explicit announcement.

• Example 3: Corporate Task Force

  A special task force within a large technology company was established to develop a strategy for entering a new market. Once the task force submits its comprehensive strategy document and presents it to the executive board, its members simply stop holding their weekly meetings. No formal resolution is passed to dissolve the task force or to formally end its current operational period. However, everyone involved, from the task force leader to its members and the executives who commissioned it, understands that its primary objective has been met, and its active "session" has concluded.

  This example demonstrates tacit prorogation because the task force's operational period is brought to an end by the completion of its assigned work and the subsequent cessation of activity, leading to an implied suspension of its session without any formal declaration.