CHAPTER XIV.

OF RECONSIDERATION.

250. It is a principle of parliamentary law, upon which many of the

rules and proceedings previously stated are founded, that when a

question has once been put to a deliberative assembly, and decided,

whether in the affirmative or negative, that decision is the judgment

of the assembly, and cannot be again brought into question.

251. This principle holds equally, although the question proposed is

not the identical question which has already been decided, but only

its equivalent; as, for example, where the negative of one question

amounts to the affirmative of the other, and leaves no other

alternative, these questions are the equivalents of one another, and a

decision of the one necessarily concludes the other.

252. A common application of the rule as to equivalent questions

occurs in the case of an amendment proposed by striking out words; in

which it is the invariable practice to consider the negative of

striking out as equivalent to the affirmative of agreeing; so that to

put a question on agreeing, after a question on striking out its

negatived, would be, in effect, to put the same question twice over.

253. The principle above stated does not apply so as to prevent

putting the same question in the different stages of any proceeding;

as, for example, in legislative bodies, the different stages of a

bill; so, in considering reports of committees, questions already

taken and decided, before the subject was referred, may be again

proposed; and, in like manner, orders of the assembly, and

instructions or references to committees, may be discharged or

rescinded.

254. The inconvenience of this rule, which is still maintained in all

its strictness in the British parliament (though divers expedients are

there resorted to to counteract or evade it),[35] has led to the

introduction into the parliamentary practice of this country of the

motion for _reconsideration_; which, while it recognizes and upholds

the rule in all its ancient strictness, yet allows a deliberative

assembly, for sufficient reasons, to relieve itself from the

embarrassment and inconvenience, which would occasionally result from

a strict enforcement of the rule in a particular case.

255. It has now come to be a common practice in all our deliberative

assemblies, and may consequently be considered as a principle of the

common parliamentary law of this country, to reconsider a vote already

passed, whether affirmatively or negatively.

256. For this purpose, a motion is made and seconded, in the usual

manner, that such a vote be reconsidered; and, if this motion

prevails, the matter stands before the assembly in precisely the same

state and condition, and the same questions are to be put in relation

to it, as if the vote reconsidered had never been passed. Thus, if an

amendment by inserting words is moved and rejected, the same amendment

cannot be moved again; but, the assembly may reconsider the vote by

which it was rejected, and then the question will recur on the

amendment, precisely as if the former vote had never been passed.

257. It is usual in legislative bodies, to regulate by a special rule

the time, manner, and by whom, a motion to reconsider may be made;

thus, for example, that it shall be made only on the same or a

succeeding day,—by a member who voted with the majority,—or at a time

when there are as many members present as there were when the vote was

passed; but, where there is no special rule on the subject, a motion

to reconsider must be considered in the same light as any other

motion, and as subject to no other rules.

35. “The English Parliament rigidly maintains the principle that when

a subject has been once decided, either in the affirmative or

negative, it is to remain permanently as the judgment of the

house. To remedy the inconveniences that sometimes occur, it

resorts to various expedients; as, by passing an explanatory act,

or an act to rectify mistakes in an act, etc.”—Ed.

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 14 / 16 章