HOME

TheInfoList




In law, a resolution is a written
motion Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion is the phenomenon in which an object changes its position (mathematics), position over time. Motion is mathematically described in terms of Displacem ...
adopted by a
deliberative body A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure to Decision-making, make decisions. Etymology In a speech to the electorate at Bristol in 1774, Edmund Burke described the Parliament of ...
. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be distributed outside the body after its adoption. An alternate term for a resolution is a ''resolve''. Resolutions are commonly used in corporations and houses of legislature.


In corporations

In corporations, a written resolution is especially useful in the case of the
board of directors A board of directors is a group of people who jointly supervise the activities of an organization An organization, or organisation (Commonwealth English The use of the English language English is a West Germanic languages, W ...
of a
corporation A corporation is an organization—usually a group of people or a company—authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal ...

corporation
, which usually needs to give its consent to
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more genera ...

real estate
purchases or sales by the corporation. Such a resolution, when certified by the corporation's
secretary A secretary, administrative professional, or personal assistant A personal assistant, also referred to as personal aide (PA) or personal secretary (PS), is a job title describing a person who assists a specific person with their daily busine ...

secretary
, 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.


Houses of legislature

When greater formality is desired, a
motion Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion is the phenomenon in which an object changes its position (mathematics), position over time. Motion is mathematically described in terms of Displacem ...
may be made in the form of a resolution, which is always submitted in writing. Houses of a
legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...
often adopt
non-binding resolution A non-binding resolution is a written motion Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion is the phenomenon in which an object changes its position (mathematics), position over time. Motion is m ...
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 of the federal government of the United States. It is Bicameralism, bicameral, comprising a lower body, the United States House of Representatives, House of Representatives, and an upper body, t ...

United States Congress
declares war or proposes
constitutional amendment A constitutional amendment is a modification of the of a , or other type of . Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitut ...
s by adopting a
joint resolution In the United States Congress The United States Congress or U.S. Congress is the bicameral legislature of the federal government of the United States and consists of the House of Representatives and the Senate. The Congress meets in the ...
. 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 (domestically known as the Commons) is the lower house A lower house is one of two chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama *Chambers, Arizon ...
does to elect its
Speaker Speaker may refer to: Roles * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech, sometimes also called a speaker-hearer Electronics * Loudspeaker, a ...
or as the
United States House of Representatives The United States House of Representatives is the lower house of the United States Congress, with the United States Senate, Senate being the upper house. Together they compose the national Bicameralism, bicameral legislature of the United S ...
does to
impeach Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. Impeachment may be understood as a unique process involving both political Politics ...
an officer of the
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

government
.


Types


Non-binding

In a house of a
legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...
, the term
non-binding resolution A non-binding resolution is a written motion Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion is the phenomenon in which an object changes its position (mathematics), position over time. Motion is m ...
refers to measures that do not become
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its bounda ...
s. This is used to differentiate those measures from a
bill Bill(s) may refer to: Common meanings * Banknote A banknote (often known as a bill (in the US and Canada), paper money, or simply a note) is a type of negotiable instrument, negotiable promissory note, made by a bank or other licensed author ...
, 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 Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be i ...
, or being protected by a
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
. An example would be a resolution of support for a nation's
troops A troop is a military sub-subunit Sub-subunit or sub-sub-unit is a subordinated element below platoon level of company-sized units or sub-units which normally might not be separately identified in authorization documents by name, number, or ...
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 ...

battle
, which carries no
legal Law is a system A system is a group of interacting Interaction is a kind of action that occurs as two or more objects have an effect upon one another. The idea of a two-way effect is essential in the concept of interaction, as oppose ...

legal
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. For example, in a war between two countries or allian ...
.


Substantive and procedural

Substantive resolutions apply to essential legal principles and rules of right, analogous to
substantive law Substantive law is the set of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its envir ...
, 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 The United States Congress or U.S. Congress is the bicameral legislature of the federal government of the United Sta ...
*
Kentucky and Virginia Resolutions The Virginia and Kentucky Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a U.S. state, state in the Upland South region of the United State ...
*
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 The United Nations (UN) is an intergovernmental organization aiming to maintain international peace and interna ...
s *
United Nations Security Council resolution#REDIRECT United Nations Security Council resolution A United Nations Security Council resolution is a United Nations resolution adopted by the fifteen members of the Security Council (UNSC); the United Nations The United Nations (UN) is a ...
s *
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 Federal law is the body of law created by the federal government of a count ...


See also

* Courtesy resolution *
Main motion In parliamentary procedure Parliamentary procedure is the body of ethics, Procedural law, rules, and Norm (sociology), customs governing meetings and other operations of Club (organization), clubs, organizations, Legislature, legislative bodies, ...
*
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 subje ...

Preamble


References

{{Authority control Motions (parliamentary procedure)
Parliamentary procedure__NOGALLERY__ {{Portal, Politics The category contains articles concerning deliberative assembly, deliberative assemblies, parliamentary procedure, rules of order, legislative procedure etc. Group decision-making Legislatures Meetings Political law ...