Keokani Kipona Kapahua-Kaʻilikea
  • Heahea
    • Palapalaʻāina Kahua
    • Nā Nīnau Pinepine
    • Hoʻokaʻaʻike
  • No Aʻu
    • Pāheona
    • Nā Puke Punahele
    • Nā Līpine Punahele
    • Nā Kumu Hoʻohālike
    • ʻOihana
  • ʻOhana
    • Moʻolelo ʻAi
    • Kaʻilikea-Marciel
    • No Kuʻu Mākua
  • Nā Hana Punahele
    • Lāʻau Ola >
      • Papa Hana ʻAi
      • ʻAoʻao ʻAi
      • Kumu Waiwai Kūloko >
        • Palapalaʻāina
      • Kānela Wikiō
      • NutritionFacts.org
    • Kolepa Pōpō Pālānai >
      • Kānela Wikiō
    • Nā Palapalaʻāina
    • Nā Kānela Wikiō
    • ʻAoʻao Meetup
  • ʻŌlelo Hawaiʻi
    • Mua ʻŌlelo Hawaiʻi
    • Nā Wikiō ʻŌlelo Hawaiʻi
    • Puke Wehewehe ʻŌlelo
    • Wehewehe Wikiwiki
    • ʻAoʻao ʻŌlelo
  • Aloha ʻĀina
    • Ka Paio Hanohano
    • Hana ʻImi Naʻauao >
      • Hoʻolilo ʻana Kelikoli
      • Kānāwai Hoʻomalu
      • Kumukānāwai Aupuni
      • Lōkahi Aupuni Hawaiʻi >
        • He Hui Manaʻo Lōkahi
      • Meaʻai Maoli
      • Mōʻaukala Lāhui
    • Nā Mele Aloha ʻĀina
    • Noho Hewa
  • Hāʻawi Wale
    • Cash App
    • PayPal
    • Venmo

KA PAIO HANOHANO
The Honorable Struggle

​Kānāwai Hoʻomalu: Is Parliamentary Law a Blind Spot in the Modern Lāhui?

11/24/2019

0 Comments

 

Na Keokani Kipona Marciel, Loea Lula Hoʻomalu


In the Lāhui today, we're familiar with terms like "international law" and "the rule of law,"
​but what about "parliamentary law"?

What Is Parliamentary Law and How is It Relevant to the Lāhui?

Hawaiian patriotic societies and political parties were commonplace in the Lāhui during the Hawaiian Kingdom era. In fact, the proposed foreign—albeit illegal—annexation of the Hawaiian Islands was prevented from ever succeeding due to the efforts of the three largest Hawaiian patriotic societies at the close of the 19th century. These deliberative assemblies conducted their affairs according to the common parliamentary law. In other words: the generally accepted customs and best practices of voluntary organizations designed to ensure effective meetings and democratic decisions.
​​​​ʻO nā hana o nā hālāwai a pau o ka Hui a me ka ʻAha Hoʻokō e alakaʻi ʻia nō ia e nā rula o nā anaina maikaʻi, a me nā rula maʻa mau o nā ʻAhaʻōlelo.
—Ka Hui Hawaiʻi Aloha ʻĀina.
(4 Malaki 1893). Kumukānāwai (Paukū 8, Helu 3).
Honolulu, Oʻahu, Ko Hawaiʻi Pae ʻĀina
Parliamentary law is a branch of common law governing the conduct of deliberative assemblies. Democratic procedure, i.e., parliamentary law, is derived from the legislative assemblies of the national and local governments under whose jurisdiction an organization is located. Although the procedure of voluntary organizations was originally modeled after the procedure of their respective legislative bodies, over time the non-legislative procedure has been adapted to the needs of ordinary societies in general. This body of meeting procedures has become known as common parliamentary law, also known as general parliamentary law.
​All proceedings of meetings of the League and of the Executive Council shall be governed by the usual decorum and rules of Parliamentary Usage.
—Hawaiian Patriotic League.
(4 March 1893). Constitution (Article 8, Section 3).
​Honolulu, Oʻahu, Hawaiian Islands
The common parliamentary law applies to all deliberative assemblies, including legislative bodies, in cases where their own adopted rules are silent. The operative word, "law," means that parliamentary law is not a switch that can be turned on or off. Hence, it is not an optional tool for deliberative assemblies. Instead, a deliberative assembly may only deviate from the common parliamentary law by adopting a procedural manual (parliamentary authority), standing rules of order, or long-standing customs, which supersede particular rules of common parliamentary law. However, an organization can only adopt its own standing rules of order or long-standing customs to the extent that they do not conflict with any applicable procedural rules prescribed by law or statutes in the jurisdiction where the organization is located.

What Is a Deliberative Assembly?

A deliberative assembly is a group of people sharing a common interest who have a meeting of the minds to democratically adopt decisions expressing their general will. Types of deliberative assemblies include:
​
  • Legislative Body
  • Mass Meeting
  • Voluntary Organization
  • Board of Directors
  • Convention of Delegates

The formation of a permanently ​organized deliberative assembly entails the adoption of governing documents, enrollment of members, election of officers, holding of regular meetings, and appointment of committees as needed. The meetings of a deliberative assembly entail adequate prior notice to all members, the presence of a quorum, an agreed-upon agenda that follows a prescribed order of business, a presiding officer to conduct the meetings, and a secretary to keep a legal record of the proceedings. If the organization collects membership dues or otherwise handles money, then a treasurer should be elected to maintain the funds of the organization, report the current balance at regular meetings, and provide an annual financial report to be audited by the organization.

What is a Parliamentary Authority?

Deliberative assemblies may adopt a published procedural manual, formally known as a parliamentary authority. Such a manual is a codification of common parliamentary law which contains standardized rules of order for meetings. The way that a procedural manual is adopted by a permanent organization is by including an article in its bylaws that references the manual. Additionally, an organization may adopt standing rules of order that supersede or supplement its adopted procedural manual.

What Gave Rise to Parliamentary Procedure Throughout the World?

Athens had its assembly, Ancient Rome its Senate and Councils, the Ancient Israelites the Great Sanhedrin, England its early Parliaments, and the Iroquois League its Grand Council.
—Keesey, R. E. (2018). Modern Parliamentary Procedure (2nd ed., §​2, p. 19). Washington, DC: American Psychological Association.
Democratic procedure for group decisions is rooted in antiquity. The House of Commons in the United Kingdom—considered the mother of all parliamentary democracies—has formally conducted its business in democratic meetings for over seven centuries. The Speaker of the House of Commons serves as the impartial referee of its proceedings. Likewise, the Hawaiian Kingdom had a Speaker for its House of Representatives.

When Was Parliamentary Law Established in the Hawaiian Islands?

In 1840, the Hawaiian Kingdom became a constitutional monarchy and parliamentary democracy. In 1854, each house of the Hawaiian Kingdom legislature adopted a procedural manual to govern the proceedings of their respective meetings. In turn, this established a basis for development of the common parliamentary law followed by ordinary societies and mass meetings in the Hawaiian Kingdom.

To What Extent Did Our Ancestors Know Parliamentary Law?

The Petition Against Annexation of 1897 defeated a proposed treaty in the United States Senate that would have illegally annexed the Hawaiian Islands if it had been adopted in 1898. Beloved by the Lāhui today, the significance of the monster petition—which we proudly refer to as the Kūʻē Petition--constitutes an unsurpassed historical feat. It was but one example of many petitions organized by Hawaiian patriotic societies in response to the insurgency that began in 1887, followed by the ongoing belligerent occupation that began in 1893.
​​​​ʻO nā hālāwai a pau a ka Hui a me ke Kōmite Hoʻoponopono, e alakaʻi ʻia nō ia e nā rula o nā anaina maikaʻi a me nā rula maʻa mau o nā ʻAhaʻōlelo.
—​Ka Hui Hawaiʻi Aloha ʻĀina a Hoʻomau Kūʻokoʻa a nā Lede.
(27 Malaki 1893). Kumukānāwai (Paukū 7, Helu 3).
​Honolulu, Oʻahu, Ko Hawaiʻi Pae ʻĀina
During that time, our Aloha ʻĀina ancestors commonly organized themselves into deliberative assemblies. They did this by adopting governing documents, enrolling members, electing officers, holding meetings, authorizing boards, appointing committees, adopting resolutions, conducting mass meetings, participating in delegate conventions, and organizing petition efforts. The Hawaiian language newspapers of that era provide an historical record today that is full of examples demonstrating the commonality of, and familiarity with, parliamentary law in the Lāhui.
​​​All proceedings of meetings of the Association and of the Managing Committee shall be governed by the usual quorum and rules of similar associations.
—Ladies Hawaiian Patriotic Association.
(27 March 1893). Constitution (Article 7, Section 3).
​Honolulu, Oʻahu, Hawaiian Islands

To What Extent Today Are We Familiar with Parliamentary Law?

During the Hawaiian Kingdom era, the Lāhui had no shortage of patriotic societies and political parties. Can the same be said about the Lāhui today? Of all the Aloha ʻĀina groups that we are familiar with today, how many can you identify with having any of the following items characteristic of a deliberative assembly?
  • Governing Documents
  • Members
  • Officers
  • Meetings
  • Board of Directors
  • Committees
  • Procedural Manual
  • ​Resolutions
  • Association with Local Chapters
  • Convention of Delegates

kiko makapō - blind spot

an area or subject about which one is uninformed, prejudiced, or unappreciative
—Dictionary.com

What Do the Governing Documents Include?

The governing documents of an organization are sometimes referred to instead as the documents of authority, or the documentary authority. An organized permanent society may adopt any of the following documents of authority as needed:
  • Bylaws
  • Standing Rules of Order
  • Standing Administrative Rules
  • Strategic Plan
  • Code of Ethics
  • Operations Manual
Bylaws are the only governing document on the list that a voluntary permanent organization is required to adopt as a deliberative assembly. When drafting bylaws, it is advisable for an organization to consult with a credentialed parliamentarian for assistance.

Additionally, if an organization chooses to incorporate, then a corporate charter would be required as prescribed by applicable statutes. When drafting articles of incorporation, it is advisable for an organization to consult with an attorney for assistance.

Bylaws Are for Organizations and Constitutions Are for Governments

The practice of an organization adopting a constitution—with or without bylaws to go with it—is long since obsolete. The main reason is for simplification, since there are no provisions of an organizational constitution that cannot function the same way in the bylaws. Therefore, it is the recommended practice to combine the two into a single instrument called the bylaws. Furthermore, bylaws are to an organization as a constitution is to a government. That is another good reason why the term, "constitution," has been dropped from the governing documents of contemporary ordinary societies. This removes any potential for someone getting confused about the context in which the term, "constitution," is being used.

Which Procedural Manual is Best?

As suggested above, it is a best practice for voluntary organizations to adopt a procedural manual through a provision in the bylaws. The procedural manual that I generally recommend for voluntary organizations is Modern Parliamentary Procedure (2nd ed., 2018) by Ray Keesey. It offers the most radical simplification of procedure of all the parliamentary authorities ever published. Hence, it is the most concise, user-friendly, and practical choice available for the average meeting. For the Lāhui, I also recommend Nā Lula Hālāwai: A Parliamentary Guide to Conducting Meetings in Hawaiian (2014), by William Puette and Keao NeSmith.
Picture
​With a simplified procedure, it is not too much to expect that members be familiar with the ordinary motions used to amend, refer, postpone, limit and close debate, recess and adjourn. These procedures are more than will be required in most meetings.
—Keesey, R. E. (2018). Modern Parliamentary Procedure (2nd ed., §​ 7, p. 127). Washington, DC: American Psychological Association.

Current Parliamentary Authorities

United Kingdom
  • Citrine, W., Citrine N. & Cannell, M. (2016). The ABC of Chairmanship. London, UK: Fabian Society.
  • May, E., Hutton, M., Natzler, D., Hamlyn, M., Lee, C., Mawson, C., ... Lawrence, K. (2019) Parliamentary Practice (25th ed.). London, UK: LexisNexis

United States
  • American Institute of Parliamentarians. (2012). Standard Code of Parliamentary Procedure. New York, NY: McGraw-Hill.
  • Keesey, R. E. (2018). Modern Parliamentary Procedure (2nd ed.). Washington, DC: American Psychological Association.
  • Mason, P. (2010). Mason's Manual of Legislative Procedure. Denver, CO: National Conference of State Legislatures.
  • Robert, H. M., III, Honemann, D. H., Balch, T. J., Seabold, D. E., & Gerber, S. (2011). Robert's Rules of Order Newly Revised (11th ed.). Boston, MA: Da Capo Press.
​In the interest of orderly procedure, and of self-education in the rules of order in a great democratic nation which abounds in organizations and societies, a parliamentary law book which is authoritative and easy to comprehend and apply at meetings and conventions should be in every club member's home.
—Demeter, G. (1969). Demeter's Manual of Parliamentary Law and Procedure
​
(blue book ed., p. 3 ). Boston, MA: Little, Brown and Company.

Older Parliamentary Authorities

  • Cannon, H. (1992). Cannon's Concise Guide to Rules of Order. Boston, MA: Houghton Mifflin.
  • Demeter, G. (1969). Demeter's Manual of Parliamentary Law and Procedure (Blue Book Edition). Boston, MA: Little, Brown and Company.
  • Lochrie, J. (2003). Meeting Procedures. Lanham, MD: The Scarecrow Press.
  • Riddick, F. M. & Butcher M. H. (1985). Riddick's Rules of Procedure. New York, NY: Charles Scribner's Sons.
  • Robert, H. M. (2001). Parliamentary Law. New York, NY: Irvington Publishers. (Original work published 1923) [To purchase: new from NAP; used from Amazon]

Historic Parliamentary Authorities

  • Cushing, L. S. (1845). Manual of Parliamentary Practice.
  • Jefferson, T. (1801). A Manual of Parliamentary Practice.
  • Hatsell, J. (1776-1796). Precedents of Proceedings in the House of Commons.

Additional Parliamentary References

  • Lindley, M. S. & King, R. (2012). Bylaws Workbook (2nd ed.). Austin, TX: Federation of Genealogical Societies
  • Puette, W. J., NeSmith, R. K. (2014). Nā Lula Hālāwai. Honolulu, HI: Hawaiʻi State Association of Parliamentarians.
  • Robert, H. M., III, Honemann, D. H., Balch, T. J., Seabold, D. E., & Gerber, S. (2011). Robert's Rules of Order Newly Revised in Brief (2nd ed.). Boston, MA: Da Capo Press.
  • Rosenthal, H. S. (2015). Parliamentary Law and Practice for Nonprofit Organizations (3rd ed.). Philadelphia, PA: Parliamentary Services Publishing.

Parliamentary Organizations

Hawaiian Islands
  • Hawaiʻi State Association of Parliamentarians

United States
  • American College of Parliamentary Lawyers
  • American Institute of Parliamentarians
  • National Association of Parliamentarians

Hawaiian Patriotic Societies in the Lāhui: From Lost Art to Potential Renaissance


0 Comments



Leave a Reply.

    KA PAIO HANOHANO
    THE HONORABLE STRUGGLE


    NO KA MEA KĀKAU
    ABOUT THE AUTHOR

    Picture
    He Hawaiʻi Aloha ʻĀina au, mau a mau, he mamo haʻaheo a kuʻu tūtū wahine nui ʻelua, Loke Kaʻilikea, no Kaupō, Maui, Ko Hawaiʻi Pae ʻĀina
    Keokani Kipona Marciel is a great-great grandson of Loke Kaʻilikea (1857-1914), of Kaupō, Maui, who signed the historic Petition Against Annexation in 1897, which defeated the proposed treaty of illegal annexation of the Hawaiian Islands by a foreign country in 1898. Inspired by that legacy, Keokani is a founding member of Pilina Aloha ʻĀina Kauʻāina (International Hawaiian Patriotic Union).

    Keokani is a Professional Registered Parliamentarian accredited by the National Association of Parliamentarians, and is a member of the American Institute of Parliamentarians. He currently serves as the Parliamentarian for the National Education Association of Southern Nevada.

    Hana ʻImi Naʻauao
    Scholarship
    Hāʻawi Wale
    Support My Work

    Nā Papaʻa - Archives

    December 2020
    May 2020
    November 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    December 2018
    April 2018
    October 2017
    January 2016

    Nā Mahele - Categories

    All
    Americanized Hawaiians
    Belligerent Occupation
    Denationalization
    Deoccupaton
    Hawaiian Kingdom
    Hawaiian Patriotic Societies
    Ko Hawaii Pae Aina
    La Hoihoi Ea
    Lahui Hawaii Aloha Aina
    La Kuokoa
    Mauna Kea
    No Treaty Of Cession
    Olelo Hawaii
    Organizational Procedure
    Renationalization

    RSS Feed

Heahea | No Aʻu | ʻOhana | Nā Hana Punahele | ʻŌlelo Hawaiʻi | Aloha ʻĀina​ | Hāʻawi Wale

Kulia i ka Nuʻu!

​Kuleana kope 2016-2021 Keokani Kipona Kapahua-Kaʻilikea
  • Heahea
    • Palapalaʻāina Kahua
    • Nā Nīnau Pinepine
    • Hoʻokaʻaʻike
  • No Aʻu
    • Pāheona
    • Nā Puke Punahele
    • Nā Līpine Punahele
    • Nā Kumu Hoʻohālike
    • ʻOihana
  • ʻOhana
    • Moʻolelo ʻAi
    • Kaʻilikea-Marciel
    • No Kuʻu Mākua
  • Nā Hana Punahele
    • Lāʻau Ola >
      • Papa Hana ʻAi
      • ʻAoʻao ʻAi
      • Kumu Waiwai Kūloko >
        • Palapalaʻāina
      • Kānela Wikiō
      • NutritionFacts.org
    • Kolepa Pōpō Pālānai >
      • Kānela Wikiō
    • Nā Palapalaʻāina
    • Nā Kānela Wikiō
    • ʻAoʻao Meetup
  • ʻŌlelo Hawaiʻi
    • Mua ʻŌlelo Hawaiʻi
    • Nā Wikiō ʻŌlelo Hawaiʻi
    • Puke Wehewehe ʻŌlelo
    • Wehewehe Wikiwiki
    • ʻAoʻao ʻŌlelo
  • Aloha ʻĀina
    • Ka Paio Hanohano
    • Hana ʻImi Naʻauao >
      • Hoʻolilo ʻana Kelikoli
      • Kānāwai Hoʻomalu
      • Kumukānāwai Aupuni
      • Lōkahi Aupuni Hawaiʻi >
        • He Hui Manaʻo Lōkahi
      • Meaʻai Maoli
      • Mōʻaukala Lāhui
    • Nā Mele Aloha ʻĀina
    • Noho Hewa
  • Hāʻawi Wale
    • Cash App
    • PayPal
    • Venmo