Jonah Patel
A club constitution and bylaws are both governing documents that outline the rules and structure of an organization. The key difference is that a constitution contains the fundamental principles and basic rules that govern the organization's operations, while bylaws establish specific rules and procedures by which the organization functions on a day-to-day basis. The constitution is the higher authority and is more difficult to change, while the bylaws are more fluid and can be adapted as the organization's needs change. While some organizations may choose to have only a constitution or only bylaws, others may opt for both, with the constitution taking precedence.
| Characteristics | Values |
|---|---|
| Purpose | Constitutions contain fundamental principles that govern an organization's operations. Bylaws establish specific rules by which the group functions. |
| Flexibility | Constitutions are deliberately made difficult to change. Bylaws are more fluid documents that can be adapted as an organization's needs change. |
| Priority | The constitution ranks higher than bylaws. |
| Frequency of Amendment | Bylaws are generally easier to amend than constitutions. |
| Examples | Constitutions may cover items such as membership, elections, discipline, and finances. Bylaws may include rules on member discipline, duties of officers, and tournament team selection methods. |
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What You'll Learn
Constitutions are an organisation's fundamental principles
Constitutions contain the fundamental principles that govern an organisation's operations. They are a higher authority than bylaws, which must comply with and cannot contradict the constitution. Constitutions typically contain the most basic rules and structure of an organisation, considered so important that they are not meant to be changed often.
A constitution should be a relatively brief document, with detailed, operational rules included in the bylaws. For example, bylaws might detail the procedures for member recruitment, elections, meeting structure, member discipline, and duties of officers. They are a more fluid document that can be adapted as an organisation's needs change.
If an organisation is connected with a national affiliation, the national governing documents take priority, and all other documents are secondary. Similarly, if an organisation is unincorporated and has only bylaws, what would typically be in a constitution would be included in the bylaws.
The benefit of having a single document (either constitution or bylaws) is that it reduces potential duplication or conflict between the two. However, having both a constitution and bylaws can provide a more comprehensive framework for an organisation's operations.
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Bylaws are specific rules for an organisation's function
While constitutions contain the fundamental principles that govern an organisation's operations, bylaws are the specific rules by which the group functions. Bylaws detail the procedures an organisation must follow to conduct its business and provide further definitions to articles in the constitution.
Bylaws are an important tool for organisations to manage and operate their programs. They are usually approved annually and deal with operational rules and policies for conducting day-to-day business. Bylaws tend to be a more fluid document that can be adapted as an organisation's needs change. They may include detailed, operational rules such as election rules, committee terms of reference, member discipline, and duties of officers.
The specific rules laid out in bylaws can vary depending on the organisation and its needs. For example, a local league's bylaws may include the tournament team selection method, local rules, and age structure. In contrast, a student organisation's bylaws may detail meeting structure, member recruitment, and elections.
It is up to each organisation to decide what goes into the constitution and what should appear in the bylaws. Organisations may choose to have only a constitution, only bylaws, or both. If an organisation has both, the constitution ranks higher as it is a higher authority that the bylaws must comply with and cannot contradict.
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Constitutions are higher authority than bylaws
Constitutions and bylaws are both governing documents, or documents of authority, that organisations may choose to implement. While bylaws are important, constitutions are considered a higher authority.
A constitution is a foundational document that outlines the fundamental principles and framework of an organisation. It is designed to be brief and is intentionally difficult to change, requiring greater-than-normal notice and a supermajority vote. This document should be referred to when discussing operations, such as meeting structure, recruitment, and elections. It holds the group and its members accountable and is meant to be a stable, enduring set of rules.
By contrast, bylaws are more fluid and flexible, detailing the specific procedures and rules by which the group functions. Bylaws may include election rules, committee terms of reference, member discipline, and officer duties. They are meant to be adapted as the needs of the organisation change. Bylaws must be approved annually and are easier to amend than constitutions, though they still require a higher-than-normal threshold to be changed.
The two documents work together, with the bylaws complying with and elaborating upon the constitution. The constitution is meant to be the enduring, stable document, while the bylaws are more dynamic and responsive to the organisation's needs, filling in the details of the constitution's broad principles.
In summary, while both are important, the constitution is the higher authority, providing the overarching framework and fundamental rules that govern the organisation. The bylaws are subordinate, providing specific procedures and policies that operationalise the constitution's principles and can be adapted as needed.
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Bylaws are more adaptable than constitutions
While constitutions and bylaws are both governing documents, bylaws are more adaptable than constitutions. Constitutions contain the fundamental principles and rules that govern an organisation's operations, and they are not meant to be changed often. They are deliberately made difficult to change, requiring greater-than-normal notice and a higher vote threshold for amendment, usually a two-thirds majority.
On the other hand, bylaws are more fluid documents that can be adapted as an organisation's needs change. They establish specific rules and procedures by which the group functions and include detailed, operational rules that further define the articles in the constitution. Bylaws might include rules regarding elections, committee terms of reference, member discipline, and duties of officers, for example.
The benefit of having bylaws as a separate document is that it allows for a more concise constitution, reducing potential duplication or conflict between the two. Bylaws must comply with and cannot contradict the constitution, but they provide the flexibility needed to manage and operate specific programs within an organisation.
While some organisations may choose to have only a constitution or only bylaws, having both documents working together can be advantageous. The constitution provides a higher authority that all members can refer back to, ensuring accountability, while the bylaws can be adapted more easily as the organisation evolves and its needs change.
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Bylaws are approved annually
While constitutions and bylaws are both governing documents, there are some key differences between the two. Constitutions contain the fundamental principles and basic rules that govern an organisation's operations. They are deliberately difficult to change, requiring greater-than-normal notice requirements and a higher vote threshold. Bylaws, on the other hand, establish specific rules and procedures by which the group functions in its day-to-day business. They are more fluid and can be adapted annually as the needs of the organisation change.
The specific procedures for approving bylaws may vary depending on the organisation and its structure. However, it typically involves discussion, review, and voting by the members of the group. This process allows for democratic decision-making and ensures that any changes or updates to the bylaws are agreed upon by the majority. It also provides an opportunity for members to provide input and share their perspectives on the proposed changes.
The content of the bylaws can vary depending on the nature and needs of the organisation. They may include operational rules, such as election procedures, committee terms of reference, member discipline, and duties of officers. Bylaws can also provide further definitions and details to the articles outlined in the constitution, ensuring a clear framework for the organisation's functioning.
It is important to note that bylaws must comply with and cannot contradict the constitution. While they offer more flexibility and adaptability, any changes or updates to the bylaws should align with the fundamental principles and basic structure established by the constitution. This ensures consistency and maintains the integrity of the organisation's governing documents.
In conclusion, the annual approval of bylaws provides organisations with the flexibility to adapt their rules and policies while ensuring alignment with the overarching principles set forth in the constitution. This process allows for a well-governed and dynamic group that can effectively respond to changing needs and circumstances.
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Frequently asked questions
If a club has both a constitution and bylaws, the constitution ranks as a higher authority. The bylaws must comply with and cannot contradict the constitution.
Constitutions contain the fundamental principles that govern a club’s operations. Bylaws establish specific rules by which the club functions. Bylaws detail the procedures a club must follow to conduct business and provide further definitions to articles in the constitution.
A constitution should be a relatively brief document, with detailed, operational rules included in the bylaws. It is up to each club to decide what goes into the constitution and what should appear in the bylaws.
