The Full Wiki

Unanimity: Wikis

Advertisements
  
  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

From Wikipedia, the free encyclopedia

Unanimity is complete agreement by everyone. When unanimous, everybody is of same mind and acting together as one. Many groups consider unanimous decisions a sign of agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or implicitly by a lack of objections.

Contents

Voting

Practice varies as to whether a vote can be considered unanimous if some voter abstains. Robert's Rules of Order allows unanimity even with abstentions,[1] equating "unanimous consent" with "silent consent", i.e. with no objections raised.[2] In contrast, a United Nations Security Council resolution is not considered "unanimous" if a member abstains.[3] In the European Union, the Treaty of Amsterdam introduced the concept of "constructive abstention", where a member can abstain in a vote where unanimity is required without thereby blocking the success of the vote. This is intended to allow states to symbolically withhold support while not paralysing decision-making.[4]

Advertisements

Dictatorships

The legitimacy supposedly established by unanimity has been used by dictatorial regimes in an attempt to gain support for their position. Participants in a legislature may be coerced or intimidated into supporting the position of a dictator, with the legislature becoming little more than a rubber stamp for a more powerful authority.

Single-party states can restrict nominees to one per seat in elections and use compulsory voting or electoral fraud to create an impression of popular unanimity. The North Korean parliamentary elections, 1962 reported a 100% turnout and a 100% vote for the Workers' Party of Korea.[5] 100% votes have also been claimed by Ahmed Sékou Touré in Guinea in 1975 and 1982, Félix Houphouët-Boigny in Côte d'Ivoire in 1985, and Saddam Hussein in Iraq in 2002.[6]

Juries

In criminal law jury trials, many jurisdictions require the jury to reach a unanimous verdict. This is not so in civil law jury trials.

The United States Supreme Court ruled in Apodaca v. Oregon that the Sixth Amendment to the Constitution mandates unanimity in a federal court jury trial; but that the Due Process Clause of the Fourteenth Amendment does not require jury unanimity in state courts.[7] Notwithstanding this, many U.S. states do require jury unanimity; for example, article 21 of the Maryland Constitution's Declaration of Rights states:[8]

That in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the Indictment, or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

In England and Wales, since the Juries Act 1974, a verdict may be returned where not more than 2 jurors dissent.[9]

References

  1. ^ "Frequently Asked Questions; #26: How do you count abstentions? As ayes? As no's?". parlipro.org. http://www.parlipro.org/faqanswers.htm#abstentions. Retrieved 2009-01-30.  
  2. ^ Robert, Henry Martyn (1915). "Art. VIII.—Vote. §48. Motions requiring more than a Majority Vote.". Robert’s rules of order revised for deliberative assemblies. Chicago: Scott, Foresman. pp. 202–204. ISBN 1-58734-108-5. http://www.bartleby.com/176/48.html.  
  3. ^ e.g. "Resolution 904". United Nations. 18 March 1994. http://domino.un.org/UNISPAL.NSF/361eea1cc08301c485256cf600606959/4690652a351277438525634c006dce10!OpenDocument. Retrieved 2009-01-30. "Note 7: The result of the voting on the second and sixth preambular paragraphs of the draft resolution S/1994/280 was as follows: 14 in favour, none against and 1 abstention (United States of America); all the other paragraphs were approved unanimously."  
  4. ^ Philippart, E.; Monika Sie Dhian Ho (2003). "Flexibility and the new constitutional treaty of the European Union". in Jacques Pelkmans, Monika Sie Dhian Ho, Bas Limonard. Nederland en de Europese grondwet. Amsterdam: Amsterdam University Press. pp. 128–136. ISBN 9053566562.  
  5. ^ McFarlan, Donald; Norris McWhirter (1990). "Most One-Sided Elections". Guinness Book of World Records. Bantam Books. p. 361. ISBN 0553284525.  
  6. ^ Chandrasekaran, Rajiv (2002-10-17). "Claiming 100 Percent Vote for Hussein, Iraq Hails Its 'Democracy'". Washington Post: p. A14. http://www.washingtonpost.com/ac2/wp-dyn/A37348-2002Oct16?language=printer. Retrieved 2009-01-30.  
  7. ^ Apodaca v. Oregon, 406 U.S. 404 (1972)
  8. ^ "Maryland Constitution - Declaration of Rights". Maryland Government. 4 November 2008. http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/00dec.html#20. Retrieved 2009-01-30.  
  9. ^ "Juries Act 1974 (c.23), §17: Majority verdicts". UK Statute Law Database. Office of Public Sector Information. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1974/cukpga_19740023_en_1#l1g19. Retrieved 2009-01-30.  

See also


Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message