10 votes
Accepted

Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

The law is not settled and will shortly be before the High Court (sitting as the Court of Disputed Returns) but theoretically: yes! The provision on Disqualification is s44, specifically subsection (i)...
Dale M's user avatar
  • 209k
8 votes
Accepted

Why adjourn the House of Commons effective in half an hour?

It's the mechanism used to allow for adjournment debates: An adjournment debate is a way in the Commons of enabling a debate to take place but without a question which the House must then decide. An ...
Steve Melnikoff's user avatar
7 votes
Accepted

What is the point of a Royal Assent?

Because rituals are important You might well ask what is the point of the ceremony of the Black Rod: Black Rod is best known for their part in the ceremonies surrounding the State Opening of ...
Dale M's user avatar
  • 209k
7 votes
Accepted

Nomenclature for two UK Parliament Acts in the same year

Where the primary part of two acts in the same year would be the same, commonly a secondary phrase is added in brackets indicating the narrow subject of the act to avoid this happening. For example, ...
Maca's user avatar
  • 402
6 votes

Without judicial review, what is the point of the Dutch constitution?

Compliance with the Dutch Constitution is evaluated pre-enactment, rather than post-enactment as indicated below. The Dutch Constitution prohibits the courts from reviewing the constitutionality ...
ohwilleke's user avatar
  • 213k
6 votes
Accepted

Who actually drafts legislation in all its nitty gritty detail in the U.K.?

Parliamentary draftspeople The Office of the Parliamentary Counsel is a group of government lawyers who specialise in drafting legislation. We work closely with departments to translate policy into ...
Dale M's user avatar
  • 209k
5 votes
Accepted

When should a point of order be raised for an error by the chair in calling a vote?

To be valid, a point of order generally needs to be made at the time of the possible Rules violation Exceptions are where the Rules violation violates the law, where it conflicts with a previously ...
Dale M's user avatar
  • 209k
5 votes

Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

I strongly suspect that the answer is that no, this would not work. The validity of the additional grant of citizenship would be evaluated by an Australian court applying Australian law. One of the ...
ohwilleke's user avatar
  • 213k
4 votes
Accepted

Defining the scope over which a vote can be taken

Jurisdiction the authority of a court or official organization to make decisions and judgments A body that acts within the scope of its jurisdiction can expect that its actions will be upheld by the ...
Dale M's user avatar
  • 209k
3 votes
Accepted

When do new members get sworn in as congress people?

Ch. 34 of House Practice: A Guide to the Rules, Precedents and Procedures of the House explains that "The general practice for election of Speaker begins with nominations from each party caucus ...
user6726's user avatar
  • 215k
3 votes

Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

From an opinion piece published by the public broadcaster Australian Broadcasting Corporation What the High Court citizenship decision says about the health of our democracy The standard is a ...
Golden Cuy's user avatar
3 votes
Accepted

Senate nuclear option

Because when the ruling of the chair is appealed, an immediate vote on the appeal must take place and this vote cannot be filibustered. Which means you only need 51 votes to overturn the chair's ...
pboss3010's user avatar
  • 820
3 votes

501(c)(3) Bylaws Question - Does this clause mean a motion to amend bylaws can go forward without quorum?

No An amendment must happen at a meeting: without a quorum there is no meeting.
Dale M's user avatar
  • 209k
3 votes

What is the nature of a quorum?

Quorum defines the minimum number of members present in order to conduct business. Once quorum is met, members may make motions and the assembly may conduct business. Now your question concerns the ...
Viktor's user avatar
  • 3,568
2 votes

Prosecutorial discretion and jurisdiction

Private prosecution of crimes has become increasingly uncommon under common law systems, which have increased deference to public prosecutors. The U.S. Supreme Court eliminated private prosecution at ...
feetwet's user avatar
  • 21.8k
2 votes

How can we interpret "may 'convene' a meeting"?

Section 13716 is a textbook case of ambiguous drafting. Subsection 1 The board shall elect from its members a president and other officers as it considers appropriate and necessary to conduct its ...
user6726's user avatar
  • 215k
2 votes

Can a quorum call in the US Senate "annul" a pro forma session? Would this mean that the Senate would go into recess?

No The lack of a quorum prevents the Senate from conducting business, however, it is still in session.
Dale M's user avatar
  • 209k
2 votes
Accepted

Is a bylaw amendment required to adopt Robert's Rules of Order?

If there is no law (or bylaw) about how they run their meetings then they run them however they choose If they want to adopt a specific Parliamentary procedure then they can do that by custom and ...
Dale M's user avatar
  • 209k
1 vote

Are legislators and legislative drafts people legally one and the same?

canada These roles are distinct. See e.g. Mikisew Crew First Nation v. Canada (Governor General in Council), 2018 SCC 40 at para. 160. There, the reasons distinguish between all the various actors ...
Jen's user avatar
  • 54.8k
1 vote

Could Senators convene congress by objecting to the closing of a pro-forma session?

The Example Caucus would need 50 members - the 50 of them, plus Bob, would be needed for a quorum. (They can compel Bob to attend, so he can't simply leave to deny the quorum.) That's a rather large ...
D M's user avatar
  • 7,148
1 vote

Generic "Judicial" rules of order?

I can't say that I have ever seen a "generic" set of rules for quasi-judicial proceedings made for adoption by NGOs. I drafted a set once for the University of Michigan's student government, and I ...
ohwilleke's user avatar
  • 213k
1 vote

A Specified Percentage Of Quorum Is Required To Carry A Motion

No Presumably, the 75% of the quorum requirement is an additional requirement for the particular motion over and above the requirement that all motions must be carried by a simple majority of members ...
Dale M's user avatar
  • 209k
1 vote

A Specified Percentage Of Quorum Is Required To Carry A Motion

It depends on what manual of parlimentary procedure is used by the group if any (see comment). But in general i would take the 25 vote requirement to be a floor, but that a majority of those voting, ...
David Siegel's user avatar
1 vote
Accepted

(In context of Indian parliament) what do the words "demand" and "grant" mean in the phrase "demand for grant"?

A Demand for Grant is a bill (i.e. piece of proposed legislation) seeking approval for estimated expenditures for a particular department or sub-department of a large department of the national or ...
ohwilleke's user avatar
  • 213k
1 vote

How fast can lawmakers go from ideas to laws?

Assuming everyone is in agreement, including the president, less than a day. Assuming there is one person in disagreement in the House Senate, about a week. Assuming there is one person in ...
Viktor's user avatar
  • 3,568

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