Bylaws (or by-laws) are rules or regulations established by an organization or local community to govern its internal operations or local issues, deriving their legitimacy from a higher authority or primary legislation. They provide structure, clarify procedures, resolve conflicts, and ensure consistency within the specified entity.
Importantly, by-laws are not static. As the needs of a community or organisation evolve, bylaws can be amended. However, making changes is often outlined within the by-laws and typically requires a specific procedure and possibly a vote.
The authority to create and enforce bylaws typically comes from a higher authority or primary legislation. In the context of municipalities, local councils or governing bodies craft by-laws under the powers granted by state or provincial legislation.
The board of directors or members usually have the authority for corporations or nonprofits, as derived from the organisation’s constitution, charter, or founding documents. Once established, the enacting body or designated officials within the organisation or municipality are responsible for their enforcement.
While the constitution or articles of incorporation establish the organisation’s foundational principles, purpose, and basic structure, bylaws delve into the specifics of day-to-day operations, detailing procedures, roles, and responsibilities.
Essentially, the constitution or articles of incorporation provide a broad framework and overarching mission, whereas bylaws fill in detailed rules and practices. Both are legally binding, but bylaws often operate under the organisation’s constitution or articles, ensuring alignment with its core objectives and values.