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By-law

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Aby-law(bye-law,by(e)law,by(e) law), also known in the United States asbylaws,is a set of rules orlawestablished by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a businesscorporation,aneighbourhood association,or depending on the jurisdiction, amunicipality.

In theUnited Kingdomand someCommonwealthcountries, the local laws established by municipalities are referred to asby(e)-lawsbecause their scope is regulated by the central governments of those nations. Accordingly, abylaw enforcement officeris the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. In theUnited States,the federal government and most state governments have no direct ability to regulate the single provisions of municipal law. As a result, terms such ascode,ordinance,orregulation,if not simplylaw,are more common.

Etymology[edit]

Look upbylawin Wiktionary, the free dictionary.

The Merriam-Webster Dictionary indicates that the origin of the word by-law is from the English wordbilawe,probably fromOld Norse*bȳlǫg,from Old Norsebȳrtown +lag-, lǫglaw.[1]The earliest use of the term, which originates from the Viking town law in theDanelaw,whereinbyis the Old Norse word for a larger settlement as inWhitbyandDerby(compare with the modern Danish-Norwegian wordbymeaning town, or the modern Swedish wordby,meaning village).[2]However, it is also possible that this usage was forgotten and the word was "reinvented" in modern times through the use of the adverbial prefixby-giving the meaning of subsidiary law or side-law (as inbyway).[2]In any case, it is incorrect to claim that the word is related to the prepositional phrase "by law"; that is a modern conjecture contradicted by the evidence.

Municipal by-laws[edit]

Municipal by-laws are public regulatory laws; which apply in a certain area. The main difference between a by-law and a law passed by a national/federal or regional/state body is that a by-law is made by a non-sovereign body, which derives its authority from another governing body, and can only be made on a limited range of matters. Alocal councilor municipal government derives its power to pass laws through a law of the national or regional government which specifies what things the town or city may regulate through by-laws. It is therefore a form ofdelegated legislation. Within its jurisdiction and specific to those areas mandated by the higher body, a municipal by-law is no different from any other law of the land, and can be enforced with penalties, challenged in court, and must comply with other laws of the land, such as the country's constitution. Municipal by-laws are often enforceable through the public justice system, and offenders can be charged with acriminal offencefor breach of a by-law. Common by-laws include vehicle parking and stopping regulations, animal control, building and construction, licensing, noise, zoning and business regulation, and management of public recreation areas.

Japan[edit]

Under Article 94 of theConstitution of Japan,regional governments have limited autonomy and legislative powers to create by-laws. In practice, such powers are exercised in accordance with theLocal Autonomy Law.

By-laws therefore constitute part of the legal system subordinate to the Japanese constitution. In terms of its mandatory powers and effective, it is considered the lowest of all legislation possible.

Such powers are used to govern the following:

  • Location of the seat of government of the prefecture
  • Frequency of routine meetings
  • Number of prefectural vice-governors and vice village leaders
  • Number of staff attached to administrative bodies governed
  • Placement of regional autonomous areas
  • Regulation of certain municipal monies
  • Placement, maintenance and removal of public facilities
  • Appointment of subordinate offices by the prefectural governor

United Kingdom[edit]

Main article:Byelaws in the United Kingdom
"Byelaws for good rule and government" inRipon,North Yorkshire

In the United Kingdom, by-laws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation.

Australia[edit]

InAustralian Lawthere are five types of by-law, and they are established by statute:

  • State government authorities create by-laws as a type of "statutory rule" under an empoweringAct;such by-laws must bemade(or at least formally approved) by theState governor.[3]
  • Local government by-laws are the most prevalent type of by-law inAustralia,and regulate such things asparking,drinking alcohol in public places, fire prevention, andzoning controls.InNew South Walesthese by-laws are calledordinances,and zoning controls are calledEnvironmental Planning Instrumentscreated under theEnvironmental Planning and Assessment Act.[4]
  • Numerous specific institutions, includinguniversities,are also empowered to make by-laws by their establishing legislation.
  • By-laws of a company or society are created as a contract among members, and a formal process must be followed to adopt or amend them.[5]
  • Strata titlewas developed in Australia and by-laws of body corporate are also empowered by state legislation.[6]Many people come into contact with strata by-laws on a regular basis, since they affect what people living in strata title housing can do in their homes.[7]The most well-known of these is the "no pets in flats" rule.[8][9]

Organizational by-laws[edit]

Corporate and organizational by-laws regulate only the organization to which they apply and are generally concerned with the operation of the organization, setting out the form, manner, or procedure in which a company or organisation should be run. Corporate by-laws are drafted by a corporation's founders or directors under the authority of itscharterorarticles of incorporation.

Typical articles[edit]

By-laws widely vary from organization to organization, but generally cover topics such as the purpose of the organization, who are its members, how directors are elected, how meetings are conducted, and what officers the organization will have and a description of their duties. A common mnemonic device for remembering the typical articles in by-laws is NOMOMECPA, pronounced "No mommy, see pa!"[10][11]It stands for name, object, members, officers, meetings, executive board, committees, parliamentary authority, amendment.[10][12]Organizations may use a book such asRobert's Rules of OrderNewly Revisedfor guidelines on the content of their by-laws.[13]This book has a sample set of by-laws of the type that a small, independent society might adopt.[14]

The wording of the by-laws has to be precise. Otherwise, the meaning may be open to interpretation. In such cases, the organization decides how to interpret its by-laws and may use guidelines for interpretation.[15]

Amendment[edit]

Usually, one of the last sections in the by-laws describes the procedures for amending them. It describes who can amend them (usually the membership, but it could be the organization'sboard of directors), how much notice is needed, and how much of a vote is needed. A typical requirement is atwo-thirds voteprovided thatprevious noticewas given or amajority of all the members.[16]

Relation to other governing documents[edit]

Cover of guideline document byUnited Steelworkersto form the basis ofby-lawsthat may be adopted by a local union

Inparliamentary procedure,includingRobert's Rules of Order,the by-laws are generally the supreme governing document of anorganization,superseded only by thecharterof anincorporatedsociety.[17]The by-laws contain the most fundamental principles and rules regarding the nature of the organization.[17]

It was once common practice for organizations to have two separate governing documents, aconstitutionand by-laws, but this has fallen out of favor because of the ease of use, increased clarity, and reduced chance of conflict inherent in a single, unified document.[17]This single document, while properly referred to as the by-laws, is often referred to as aconstitutionor aconstitution and by-laws.[17]Unless otherwise provided by law, the organization does not formally exist until by-laws have been adopted.[18]

Application to organizations[edit]

Unions[edit]

In some countries,trade unionsgenerally haveconstitutions,which govern activities of the international office of the union as well as how it interfaces with its locals. The locals themselves can set up their own by-laws to set out internal rules for how to conduct activities.

In other countries, such as theUnited Kingdom,union by-laws are sometimes a subset of the union's constitution or implement the union's rules in more detail.[19]

Nonprofit organizations[edit]

Nonprofit organizations in the United States applying for Federal Tax-Exemption Status are required to adopt bylaws for their organizations. Bylaws for nonprofit organizations by themselves are more of an internal organizing document than required by most states but are necessary for filing for nonprofit 501(c)(3) tax-exemption application using the Form 1023.[20]

See also[edit]

Wikimedia Commons has media related toBy-laws.

References[edit]

  1. ^"Definition of BYLAW".merriam-webster.Retrieved2017-11-05.
  2. ^abOxford English Dictionary online entry for "by-law" (subscription required)[dead link]
  3. ^Subordinate Legislation Act 1989(NSW)s 3Definitions.
  4. ^Environmental Planning and Assessment Act(NSW).
  5. ^Hill, Gerald N.; Hill, Kathleen (2002).The people's law dictionary: taking the mystery out of legal language.New York, NY: MJF Books.ISBN9781567315530.
  6. ^Strata Schemes Management Act 1996(NSW) sections 41-60.
  7. ^Strata Titles Act 1985(WA).
  8. ^Thomson, Jimmy (June 19, 2013)."Apartments go to the dogs".News.domain.au.
  9. ^Thomson, Jimmy (July 2, 2013)."No dog rule overturned".News.domain.au.
  10. ^abGeitner, Frank (December 2, 2014)."Point of Order".Newport News Times.Newport (Oregon) News Times. Archived fromthe originalon January 6, 2016.Retrieved2016-01-06.
  11. ^Prykucki, Bethany (1 May 2014)."Basics of bylaws".Michigan State University.Retrieved21 January2022.
  12. ^Robert, Henry M.; et al. (2011).Robert's Rules of Order Newly Revised(11th ed.). Philadelphia, PA: Da Capo Press. p. 13.ISBN978-0-306-82020-5.
  13. ^Robert 2011,pp. 570–583
  14. ^Robert 2011,pp. 583–588
  15. ^Robert 2011,pp. 588–591: "Some Principles of Interpretation"
  16. ^Robert 2011,p. 592
  17. ^abcdRobert 2011,p. 12
  18. ^Robert 2011,p. 559
  19. ^"GMB Union rulebook – see rule 11.8 as an example"(PDF).Gmb.org.uk. Archived fromthe original(PDF)on 2010-08-03.
  20. ^"Nonprofit Bylaws Template for 501c3 [Sample & Example]".Form 1023 Tax Exemption Application Help & 501c3 Instructions.Retrieved2022-05-14.
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