Legal Method and Writing

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Resolution

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Legal Method and Writing

Definition

In legislative drafting, a resolution is a formal expression of the opinion or will of a legislative body, typically used to make a statement, address a specific issue, or direct action. Resolutions differ from bills, as they do not have the force of law but are important for articulating the views of the legislature on various matters.

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5 Must Know Facts For Your Next Test

  1. Resolutions can be either joint, concurrent, or simple, depending on whether they involve both chambers of the legislature, one chamber, or just a committee.
  2. Joint resolutions are often used for constitutional amendments or to express the collective will of both houses, while concurrent resolutions express sentiments without legal effect.
  3. Simple resolutions typically pertain to internal matters of a single legislative body and do not require approval from the other chamber.
  4. Resolutions can be used to express support for or opposition to governmental actions, commemorate events, or call for specific actions from other entities.
  5. While resolutions do not create enforceable laws, they serve as important tools for communication and can influence public policy and opinion.

Review Questions

  • How do resolutions differ from bills in the context of legislative drafting?
    • Resolutions differ from bills primarily in their purpose and legal effect. While bills are intended to create or amend laws and have the force of law upon passage, resolutions are formal statements that express the opinion or will of a legislative body without creating binding legal obligations. This distinction highlights the role of resolutions in articulating legislative sentiments on issues rather than enacting laws.
  • What are the different types of resolutions and their specific purposes within legislative bodies?
    • There are three main types of resolutions: joint, concurrent, and simple. Joint resolutions require approval from both houses and are often used for constitutional amendments or significant legislative actions. Concurrent resolutions express sentiments shared by both chambers but do not have the force of law. Simple resolutions pertain to matters within a single chamber and are typically used for internal procedures or expressing the views of that chamber without involving the other. Each type serves distinct purposes in addressing various legislative needs.
  • Evaluate the role of resolutions in shaping public policy and influencing governmental actions.
    • Resolutions play a significant role in shaping public policy by serving as formal expressions of legislative intent or opinion. Although they do not carry legal weight like laws, they can communicate important messages to the public, government agencies, and other stakeholders. For instance, a resolution expressing support for a specific initiative can mobilize public sentiment and prompt governmental action. Additionally, resolutions can reflect and influence political dynamics by signaling priorities and concerns within the legislative body, thereby impacting how policies are developed and implemented.

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