Jonah Patel
The constitution and bylaws are both categories of rules known as 'governing documents' or 'documents of authority'. They are used by organisations to outline their rules and structure. The constitution is the higher authority between the two and contains the fundamental framework of an organisation, which is difficult to change. Bylaws are the governing regulations of an organisation's internal affairs and are usually amended more frequently than the constitution.
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What You'll Learn
The constitution is the highest authority
The constitution typically outlines the basic rules and structure of an organization, forming a foundation upon which all other rules and regulations are based. It is a governing document that establishes the operations of an organization, covering key areas such as membership, elections, discipline, and finances. Once adopted, it remains in force until amended, which is a deliberately challenging process.
Bylaws, on the other hand, are subordinate to the constitution. They must comply with and cannot contradict the constitution. Bylaws are the governing regulations that manage the internal affairs of an organization, providing more detailed rules and policies for conducting day-to-day business. They may cover areas such as tournament team selection, local rules, and age structure in a sports league context. Bylaws are typically amended more frequently than the constitution, often requiring a simple majority vote for changes.
While some organizations may choose to operate with only one of these documents, having both provides a clear hierarchy of authority. The constitution, with its higher authority, acts as a stable foundation, while the bylaws offer more flexibility to adapt to the changing needs of the organization. This dual structure ensures that fundamental principles are safeguarded while allowing for necessary adjustments in the day-to-day operations.
In summary, the constitution is the highest authority, providing a stable framework for the organization's functioning. It is intentionally challenging to amend, ensuring a consistent and enduring set of core principles. The bylaws, while important, are secondary and provide a more adaptable layer of regulations that can be modified more readily to meet the evolving needs of the organization.
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Bylaws can exist independently or with a constitution
Organisations can choose to adopt a single governing document, which can be either a constitution or bylaws, or they can adopt both. When an organisation has both, the constitution is considered the higher authority and the bylaws must comply with it.
The benefit of having a single document is that it reduces potential duplication or conflict between the two. If an organisation is unincorporated and has only bylaws, what would typically be in the constitution would be included in the bylaws.
Constitutions contain the most basic rules and structure of an organisation and are not meant to be changed often. They are deliberately made difficult to change, requiring greater-than-normal notice and a higher vote threshold than a majority. Bylaws, on the other hand, are meant to be amended every five to ten years and deal with the operation rules and policies for conducting day-to-day business.
For example, a local league constitution is a legal document that governs the operations of a local Little League program, covering items such as membership, election, discipline, and finances. The bylaws are used to manage and operate that specific program and must be approved annually. They may include the tournament team selection method, local rules, and age structure.
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Constitutions are harder to amend than bylaws
Constitutions and bylaws are both governing documents, or "documents of authority", that organisations may adopt to outline their rules and structure. While bylaws are important, constitutions take precedence as they contain the fundamental framework of an organisation and are deliberately designed to be difficult to change.
Constitutions are typically amended through a multi-step process that requires more than a majority vote. For example, a change to the constitution may require a special resolution, which involves greater-than-normal notice requirements and a supermajority vote (e.g. 2/3 majority). This process is intended to ensure that the constitution is a stable document that cannot be altered easily, thus providing a consistent framework for the organisation.
In contrast, bylaws are generally easier to amend and typically require only a majority vote. Bylaws deal with operational rules and policies for conducting day-to-day business, such as tournament team selection methods, local rules, and age structures. As such, they are more flexible and can be adapted more readily to meet the changing needs of the organisation.
The relative ease of amending bylaws allows organisations to make timely adjustments to their internal regulations without having to undergo the more rigorous process of amending the constitution. This flexibility is particularly important for unincorporated organisations that rely solely on bylaws to govern their operations.
While it is generally preferable to have separate documents for the constitution and bylaws, some organisations may choose to combine them into a single governing document. This can help reduce potential duplication or conflict between the two. Ultimately, the specific content and composition of the governing documents are more important than the number of documents or the terminology used.
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Bylaws are more detailed and cover day-to-day operations
The bylaws are a set of rules and regulations that provide a more detailed framework for the day-to-day operations of an organisation, corporation, or society. They are the governing regulations that dictate how a group functions on a regular basis and are designed to be more flexible and adaptable than the constitution.
While the constitution lays down the fundamental principles and basic structure of an organisation, the bylaws delve into the specifics, covering a range of operational and administrative matters. Bylaws address the practical aspects of running the organisation, such as membership, election processes, financial management, and disciplinary procedures. They also outline the policies and procedures for conducting routine business, ensuring the smooth functioning of the organisation.
The bylaws are particularly important for local chapters or departments within a larger organisation. For example, a local league within Little League International would have its own set of bylaws that govern how it operates and manages its specific program. These bylaws would include details such as tournament team selection, local rules, and age structure, all of which are crucial for the day-to-day operations of the local league.
The flexibility of bylaws allows organisations to adapt to changing circumstances and make adjustments as needed. Bylaws are typically reviewed and amended more frequently than the constitution, often every five to ten years or annually, depending on the specific requirements of the organisation. This adaptability ensures that the organisation can respond to evolving needs and changing external factors.
In summary, bylaws serve as the detailed operational guidelines that govern the day-to-day activities of an organisation. They build upon the foundation laid by the constitution and provide the specific rules and policies needed to manage and run the organisation effectively, ensuring that it functions smoothly and efficiently.
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Bylaws are typically amended more frequently
Bylaws, on the other hand, are the governing regulations of a corporation or society's internal affairs. They are used to manage and operate specific programs and deal with the day-to-day operational rules and policies. Bylaws are typically amended every five to ten years and are supported by Standing Rules, which can be adopted or changed by a majority vote.
The reason for the difference in amendment frequency between constitutions and bylaws is that a constitution is meant to provide a stable and enduring framework for an organization, while bylaws are more flexible and adaptable to the changing needs of the organization. Amendments to a constitution are deliberately made challenging, requiring greater-than-normal notice requirements and a higher vote threshold than a simple majority.
However, while bylaws are easier to amend than a constitution, they should still be marginally difficult to change. This is to ensure that any changes to the internal regulations of an organization are done thoughtfully and with careful consideration. Additionally, the amendment process for bylaws should be outlined in the constitution or other governing documents to ensure a consistent and clear process.
In summary, bylaws are typically amended more frequently than a constitution due to the difference in their purpose and level of authority within an organization. Bylaws govern the internal affairs and day-to-day operations, while a constitution provides a higher-level framework that is meant to be enduring. The amendment process for each reflects the relative importance and permanence of the rules and regulations they contain.
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Frequently asked questions
A constitution is a higher authority document that outlines the basic rules and structure of an organization and is harder to change than bylaws. Bylaws are the governing regulations of a company's internal affairs and are typically amended every five to ten years.
Some organizations operate with only one of these documents, but having both ensures that the most important rules are harder to change than those that can be updated more frequently.
A constitution covers items such as membership, election processes, discipline, and finances. It is a legal document that governs the operations of a company.
Bylaws are used to manage and operate specific programs within an organization. They deal with the operational rules and policies for conducting day-to-day business.
Bylaws must be approved annually and should be amended every five to ten years as needed.
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