Everything about Resolution Law totally explained
» This article concerns the legal meaning of the term resolution
. For other meanings, see Resolution (disambiguation).
A
resolution is a written
motion adopted by a
deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it's often better to have them written out so that discussion is easier or so that it can be distributed outside of the body after its adoption.
Resolutions are commonly used in corporations and houses of legislature.
In corporations
In corporations, a written resolution is especially useful in the case of the
board of directors of a
corporation, which usually needs to give its consent to
real estate purchases or sales by the corporation. Such a resolution, when certified by the corporation's
secretary, gives assurance to the other side of the transaction that the sale was properly authorized.
Houses of legislature
Houses of a
legislature often adopt
non-binding resolutions.
However, a legislature also uses resolutions to exercise one of its powers that isn't a lawmaking power. For example, the
United States Congress declares war or proposes
constitutional amendments by adopting a
joint resolution. A house of a legislature can also use a resolution to exercise its specific powers, as the
British House of Commons does to elect its
Speaker or as the
United States House of Representatives does to
impeach an officer of the
government.
Types
Non-binding
In a house of a
legislature, the term
non-binding resolution refers to measures that don't become
laws. This is used to differentiate those measures from a
bill, which is also a resolution in the technical sense. The resolution is often used to express the body's approval or disapproval of something which they can't otherwise vote on, due to the matter being handled by another
jurisdiction, or being protected by a
constitution. An example would be a resolution of support for a nation's
troops in
battle, which carries no
legal weight, but is adopted for
moral support.
Substantive and procedural
Substantive resolutions apply to essential legal principles and rules of right, analogous to
substantive law, in contrast to procedural resolutions, which deal with the methods and means by which substantive items are made and administered.
Historical examples of resolutions
Further Information
Get more info on 'Resolution Law'.
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