A bylaw (sometimes also spelled by-law or byelaw) was originally the Viking town law in the
Danelaw. Contrary to popular etymology the element by has nothing to do with the
preposition by. It is the Old Norse word for larger settlement as in Whitby and Derby (compare with the modern Danish-Norwegian word "by"
meaning town, or the modern Swedish word "by", meaning village).
To this day, the word bylaw most commonly refers to a city or municipal law or ordinance, passed under the authority of
a charter or provincial/state law specifying what things may be regulated by the municipality.
The main difference between a bylaw and a "law" passed by a federal, state or provincial body, is that a bylaw is a regulation
passed by a non-sovereign body, which derives its authority from another governing body. A
municipal government gets its power to pass laws through a charter or a law of the state/provincial or federal government which
specifies what things the city may regulate through bylaws. Similarly, a business or corporate body also gets its ability to pass
bylaws relevant to its operation from some law or act passed by some public body for the purpose of regulating corporate
activities.
Municipal vs. other uses of the word
An important distinguishment must be made: although organizational, corporate or institutional bylaws share the same name as
the municipal ones, and both types of bylaws are enacted by non-sovereign bodies, municipal bylaws are public regulatory laws not
unlike acts and statutes of a state or federal government, inasmuch as they apply to everyone living, working or passing through
a municipality. Corporate and organizational bylaws regulate only the organization to which they apply. Another key difference is
that municipal bylaws frequently set out what things can and cannot be done in a municipality (such as where vehicles may park or
stop), as well as respond to a specific need (such as a bylaw to borrow emergency funds) in addition to establishing operational
procedures and setting out the form and design of a city government or operation. Corporate or organizational bylaws are
generally only of the operational sort, setting out the form, manner or procedure in which a company or organization should be
run. Since a company can enact changes through executive decisions, such as the borrowing of emergency funds, bylaws serve the
primary function of "incorporating" rules, laying the groundwork for the rules of operation of an organization. As such,
corporate or organizational bylaws serve a similar function within a company or organization as a constitution would in a
national government, whereas municipalities frequently use bylaws as a method of enactment of decisions. Since municipalities
generally have an incorporation document, such as a charter, or are subject to a municipal charter passed by the sovereign body
regulating it and all the other cities in that province, cities would not use bylaws as incorporation or establishment
regulations.
As such, within its jurisdiction and specific to those areas mandated by the higher body, a municipal bylaw is no different
than any other law of the land, and can be enforced with penalties, challenged in court and must comply with other laws of the
land, such as the country's constitution or the Charter of Rights. As such, a municipal bylaw is frequently enforced through the
public justice system, and offenders can be charged under the relevant offense laws, in a "quasi-criminal" fashion; corporate or
business bylaws are rules within the realm of civil law. Most common bylaws include parking & stopping regulations, animal
control, building and construction, licensing, noise, zoning and business regulation. The word bylaw is more frequently
used in this context in Canada and some Commonwealth
countries, whereas in the United States, the words code, ordinance or
regulation are more frequent. Accordingly, a Bylaw Enforcement Officer is the Canadian equivalent of the American
Code Enforcement Officer or Municipal Regulations Enforcement Officer.
Corporate bylaws
A bylaw is a rule governing the internal management of an organization, such as a business corporation. Bylaws cannot
countermand governmental law.
In a business situation, bylaws are drafted by a corporation's founders or directors under the authority of its
Charter or Articles of Incorporation.
Bylaws widely vary from organization to organization, but generally cover topics such as how directors are elected, how meetings
of directors (and in the case of a business, shareholders) are conducted, and what officers the organization will have and a
description of their duties.
Bylaws generally can be amended by an organization's Board of Directors.
In parliamentary procedure, particularly Robert's Rules of Order, the bylaws are generally the supreme governing document of an
organization, superseded only by the charter of an
incorporated society. The bylaws contain the
most fundamental principles and rules regarding the nature of the organization. It was once common practice for organizations to
have two separate governing documents, a constitution and bylaws, but this has
fallen out of favor because of the ease of use, increased clarity, and reduced chance of conflict inherent in a single, unified
document. This single document, while properly referred to as the bylaws, is often referred to as a constitution or a
constitution and bylaws. Unless otherwise provided by law, the organization does not formally exist until bylaws have been
adopted.
Local bylaws
In the public law of some jurisdictions, bylaws are codes and regulations adopted by and governing matters within the
purview of sub-state entities, such as parking, zoning, and retail business licensing. See: ordinance.
Local union bylaws
Cover of guideline document by
United Steelworkers to form the basis of
by-laws that may be adopted by a local union.
Trade unions ordinarily have constitutions, which govern activities of the international office of the union as well as how
it interfaces with its locals. The locals themselves can set up their own bylaws to set out internal rules for how to conduct
activities.
References
See also
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
