Malcolm Rivera
The difference between a constitution and bylaws is a matter of legal authority and scope. Constitutions are legal documents that contain the fundamental principles and rules by which an organisation operates and are deliberately made difficult to change. Bylaws are the rules an organisation makes to control the actions of its members and are typically easier to amend. Some organisations operate with one or the other, or both. When both are in place, the constitution ranks as the higher authority.
| Characteristics | Values |
|---|---|
| Definition | Constitution: governing document for operations. Bylaws: governing regulations of internal affairs. |
| Scope | Constitution: covers items such as membership, election, discipline, finances, etc. Bylaws: deal with operation rules and policies for conducting day-to-day business. |
| Amendment | Constitution: remains in force until amended. Bylaws: should be amended every 5-10 years and approved annually. |
| Examples | Constitution: local league constitution submitted to Little League International for review. Bylaws: tournament team selection method, local rules, age structure, etc. |
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What You'll Learn
- Constitutions are legal documents that govern operations and must be followed by all members
- Bylaws are internal regulations that govern a corporation or society's internal affairs
- Constitutions are amended infrequently, while bylaws are amended every 5-10 years
- Standing rules are more specific and administrative than bylaws and can be suspended by a majority vote
- Bylaws are approved annually and deal with day-to-day operational rules and policies
Constitutions are legal documents that govern operations and must be followed by all members
A constitution is a legal document that governs the operations of an organisation and must be followed by all members. It covers items such as membership, election, discipline, finances, and so on. It is a governing document that is submitted for review and, once adopted, remains in force until amended. For example, a local league constitution is reviewed by Little League International. Changes to a national organisation's constitution would require all departments and units to adjust their constitutions to agree with the National Constitution.
Constitutions are important because they provide a set of rules and guidelines that all members of an organisation must follow. They ensure that the organisation operates in a consistent and fair manner and help to protect the rights and interests of all members. Constitutions are often detailed documents that cover a wide range of topics, and as such, they are not amended frequently.
Bylaws, on the other hand, are the governing regulations of a corporation's or society's internal affairs. They are used to manage and operate specific programs within an organisation. Bylaws must be approved annually and deal with the operation rules and policies for conducting day-to-day business. They may include items such as tournament team selection methods, local rules, and age structure.
While bylaws are important for the internal functioning of an organisation, they are typically more flexible than constitutions and can be amended more frequently. For example, standing rules, which are more specific and administrative than bylaws, can be adopted or changed in the same way as any other act of the assembly. However, it's important to note that bylaws should not contradict the constitution, as the constitution takes precedence.
In summary, constitutions and bylaws are both important documents that govern the operations of an organisation. The constitution is the higher-level document that outlines the fundamental rules and principles that all members must follow, while the bylaws provide more detailed and operational guidelines for specific programs or departments within the organisation. Both documents work together to ensure the smooth and effective functioning of the organisation while protecting the rights and interests of its members.
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Bylaws are internal regulations that govern a corporation or society's internal affairs
A constitution is a governing document that outlines the fundamental principles and rules of an organisation, including its structure, function, and values. It serves as a framework for the organisation's governance and operations and remains in force until it is amended. On the other hand, bylaws are the internal regulations that govern a corporation or society's internal affairs. They are the specific rules and guidelines that help an organisation carry out its day-to-day operations and achieve its goals within the framework established by the constitution.
Bylaws are essential for maintaining order and consistency within an organisation. They provide clarity and direction on how the organisation should conduct itself and make decisions. Bylaws typically cover a range of topics, including governance structures, membership requirements, meeting procedures, financial management, and any other operational policies relevant to the organisation's functioning. For example, in the context of a local Little League program, bylaws might include the tournament team selection method, local rules, and age structure.
The development and amendment processes of bylaws differ from those of a constitution. Bylaws are often created and approved by the organisation's governing body, such as its board of directors or executive committee. They are typically reviewed and amended more frequently than a constitution, usually every five to ten years or as needed. This flexibility allows the organisation to adapt its internal regulations to changing circumstances and ensure they remain relevant and effective.
The content and structure of bylaws can vary depending on the organisation's nature and size. They may consist of a single comprehensive document or be divided into separate sections or articles, each dealing with a specific aspect of the organisation's internal affairs. In some cases, bylaws may reference or incorporate standing rules, which provide more detailed administrative provisions. These standing rules can be adopted, changed, or suspended by a majority vote, allowing for more flexibility in the organisation's day-to-day operations.
It's important to note that bylaws are subordinate to the constitution. They must align with the principles and provisions set forth in the constitution and cannot contradict or violate any of its articles. In the event of any discrepancies or conflicts, the constitution takes precedence, and the bylaws may need to be revised to ensure harmony with the constitution.
In summary, while a constitution provides a high-level framework, bylaws are the detailed internal regulations that govern an organisation's day-to-day operations and decision-making processes. They play a crucial role in maintaining order, consistency, and efficiency within an organisation, ensuring that it functions effectively within the boundaries set by the constitution.
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Constitutions are amended infrequently, while bylaws are amended every 5-10 years
A constitution is a governing document that outlines the fundamental rules and principles of an organisation, corporation, or society. It serves as a legal framework that governs the operations and management of the entity, covering areas such as membership, elections, discipline, and finances. Once adopted, a constitution remains in force until it is amended, and such amendments are typically infrequent due to the significant time and consensus required to modify a foundational document.
On the other hand, bylaws are the internal governing regulations that complement and operate within the framework set by the constitution. They provide specific guidelines and policies for managing the day-to-day affairs of the organisation. Bylaws address operational matters, such as dues, tournament team selection, local rules, and age structure, depending on the nature of the organisation.
The distinction between constitutions and bylaws lies in their scope and frequency of amendment. While a constitution provides a broad and overarching set of principles, bylaws delve into the specific details of internal governance. Constitutions are designed to be more permanent and stable, serving as a foundational document that guides the overall direction of the organisation. Bylaws, on the other hand, are meant to be more flexible and adaptable to changing circumstances. They are typically amended every five to ten years or as needed to reflect the evolving nature of the organisation and its operations.
The process of amending constitutions and bylaws also differs. Amending a constitution often requires a more rigorous and comprehensive process, involving a review by higher authorities or external entities, member consensus, and legal procedures. In contrast, bylaw amendments are generally governed by the organisation's internal procedures and can be modified through majority vote or other specified decision-making processes.
The frequency of amendment for bylaws, typically every five to ten years, strikes a balance between maintaining stability and allowing for necessary changes. This periodic review ensures that the bylaws remain relevant, reflect current practices, and address any emerging issues or shifts in the organisation's focus. Amendments to bylaws enable the organisation to adapt its internal regulations while still operating within the overarching principles established by the constitution.
In summary, constitutions and bylaws serve complementary roles in governing an organisation. While constitutions provide a stable foundation and are amended infrequently, bylaws offer flexibility and are updated more regularly to reflect the evolving needs and operational specifics of the organisation.
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Standing rules are more specific and administrative than bylaws and can be suspended by a majority vote
Standing rules are more specific and administrative than bylaws. They are related to the administration of a society rather than to parliamentary procedure. Standing rules are the issues that relate to the details of the administration of a society and can be adopted or changed in the same way as any other act of the assembly. They are more specific than bylaws and are process-focused. For instance, a standing rule could state that meetings of an organization will begin at 7:30 p.m. from April 1 to September 30, and at 8 p.m. for the rest of the year.
Standing rules can be established by a majority vote without previous notice. They can be amended or rescinded by a majority vote or a two-thirds vote. They can be temporarily suspended by a majority vote, and after that occurrence, bounce back to the way they were. For example, if circumstances demand a democratic change, standing rules can be suspended by a majority vote for the duration of the session, but not for longer.
On the other hand, bylaws are the governing regulations of a corporation or society's internal affairs. They are fundamental rules voted on by the organization and should be amended every five to ten years as needed. Bylaws, except those relating to business procedure, cannot be suspended unless they expressly provide for their suspension. They can be suspended by a two-thirds vote.
Standing rules are subordinate to bylaws and cannot contradict them. They should provide details about provisions in the bylaws. For example, in the bylaws, it would be correct to say that unit dues would always be $5 more than the amount due to the department and national. However, if the exact amount of unit dues is stated, it should be in the standing rules because a vote on the change would be required.
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Bylaws are approved annually and deal with day-to-day operational rules and policies
While a constitution is a governing document that outlines the fundamental principles and rules of an organisation, bylaws are the specific regulations and policies that govern its internal operations. Constitutions provide a framework for the organisation's structure, functions, and values, and are often more challenging to change. Bylaws, on the other hand, are the rules and procedures that translate the constitution into actionable guidelines for day-to-day operations. They are more detailed, administrative, and focused on the practical aspects of running the organisation.
Bylaws are typically approved annually and are subject to change as needed, often more frequently than the constitution. They deal with the operational rules and policies that govern the day-to-day activities of an organisation. For example, in a sports league, bylaws might include the tournament team selection method, local rules, and age structure. In a business context, bylaws could cover areas such as meeting procedures, committee structures, and financial policies.
The annual approval process for bylaws allows organisations to adapt to changing circumstances and ensure their operations remain relevant and effective. It provides an opportunity to review and update policies, procedures, and regulations in line with the evolving needs of the organisation and its members. This flexibility is crucial for maintaining smooth and efficient day-to-day operations.
While bylaws are subject to more frequent changes, it is important to note that they should still be aligned with the overarching principles outlined in the constitution. Any amendments or updates to the bylaws should not contradict the fundamental values and guidelines set forth in the constitution. This ensures consistency and maintains the integrity of the organisation's governing framework.
The approval process for bylaws typically involves discussions, deliberations, and voting by the organisation's members or designated committees. It is a collaborative process that allows for input from various stakeholders, ensuring that the resulting policies and procedures reflect the needs and consensus of the organisation as a whole. This democratic approach to bylaw approval fosters a sense of ownership and commitment to the agreed-upon regulations.
In conclusion, bylaws play a crucial role in translating the broad principles of a constitution into actionable guidelines for day-to-day operations. Their annual approval process ensures that organisations can adapt to changing needs and circumstances while remaining aligned with their foundational values. Through the collaborative development and approval of bylaws, organisations can effectively manage their internal affairs and foster a sense of unity among their members.
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Frequently asked questions
A constitution is a legal document that contains the fundamental principles according to which an organization is governed. Bylaws, on the other hand, are rules an organization makes to control the actions of its members.
A constitution typically includes the organization of company meetings, rights of shareholders and share classes, execution of company documents, appointment, powers and removal of directors, and the process of amending the constitution.
Bylaws involve issues like the purpose of the organization, members, responsibilities of the board of directors, their election, terms of office, board and shareholder meetings, and how the board of directors functions.
Some organizations have one or the other, or both. If an organization has both, the constitution ranks higher and is a higher authority than the bylaws, which must comply with and cannot contradict the constitution.
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