Resolution (law)
A formal motion adopted by a deliberative body.
In law, a resolution is a motion, often written, that has been formally approved by a deliberative body, such as a corporation’s board of directors or a legislative chamber. Another word for a resolution is a resolve.
For corporations, a written resolution is particularly useful when a board of directors must authorize actions like buying or selling real estate. Once certified by the corporation’s secretary, such a resolution assures the other party in the transaction that the sale was properly approved. Other examples include resolutions to open bank accounts or authorize the issuance of shares.
In legislative bodies, the term resolution generally refers to a motion that has been passed. In the United States, a resolution is a written proposal, while a motion is an oral one. Legislatures often adopt non-binding resolutions, but they also use resolutions to exercise binding powers that are not lawmaking. For instance, the U.S. Congress declares war or proposes constitutional amendments through a joint resolution. A single house may also use a resolution for its specific powers, such as the British House of Commons electing its Speaker or the U.S. House of Representatives impeaching a government officer.
Types of resolutions include non-binding ones, which do not become laws. These are used to express approval or disapproval of matters beyond the body’s direct authority, such as a resolution supporting troops in battle, which carries no legal force but offers moral support. Substantive resolutions deal with essential legal principles and rules, similar to substantive law, while procedural resolutions address the methods for creating and administering substantive items.
Historical examples of resolutions include the Gulf of Tonkin Resolution, the Kentucky and Virginia Resolutions, United Nations General Assembly resolutions, United Nations Security Council resolutions, and the War Powers Resolution. Related terms include courtesy resolution, main motion, and preamble.
- field
- Law
- known_for
- Formal motion adopted by deliberative bodies
- types
- Non-binding, substantive, procedural, joint resolution
Lore & Background
In corporations, a written resolution is especially useful for a board of directors when consenting to real estate purchases or sales. When certified by the corporation's secretary, such a resolution assures the other party that the sale was properly authorized. Other corporate examples include resolutions approving bank account openings or authorizing share issuance. In legislative bodies, the term resolution describes an approved motion. In the United States, a resolution is a written proposal, while a motion is verbal. Legislatures often adopt non-binding resolutions, but they also use resolutions to exercise binding powers that are not lawmaking, such as declaring war or proposing constitutional amendments via joint resolution. A house may also use a resolution for specific powers, like electing a Speaker or impeaching an officer. Non-binding resolutions express approval or disapproval of matters outside the body's jurisdiction or protected by a constitution, carrying no legal weight. Substantive resolutions deal with essential legal principles, while procedural resolutions address methods of making and administering substantive items.
Reader's Guide
Resolutions are fundamental tools for deliberative bodies to formalize decisions, whether in corporate governance or legislative procedure. In corporations, they provide legal assurance for transactions and authorize key actions. In legislatures, resolutions allow bodies to express positions, exercise non-lawmaking powers, and manage internal procedures. The distinction between binding and non-binding resolutions is crucial: non-binding resolutions serve as symbolic statements, while binding ones, like joint resolutions in the U.S. Congress, carry legal force for actions such as declaring war or amending the constitution. Historical examples, such as the Gulf of Tonkin Resolution and the War Powers Resolution, illustrate the significant impact resolutions can have on national policy. The term's flexibility—covering everything from corporate board approvals to United Nations Security Council decisions—underscores its importance across legal and political systems. Understanding resolutions helps clarify how collective bodies reach and record decisions, balancing formal authority with procedural nuance.
Did You Know?
- A resolution is also called a resolve.
- In the United States, a resolution is a written proposal, while a motion is verbal.
- A legislature can use a resolution to exercise binding powers that are not lawmaking, such as declaring war.
- A non-binding resolution carries no legal weight but is adopted for moral support.
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