unanimity

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Unanimity is agreement by all people in a given situation. When unanimous, everybody is of the same mind and acting together as one. Though unlike uniformity, it does not constitute absolute agreement. 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.

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]

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 a guilty verdict by a jury to be unanimous. 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 for a guilty verdict 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 a finding of guilty; 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 guilty verdict may be returned where not more than 2 jurors dissent.^[9]

References

See also

• Consensus decision-making
• Majority
• Liberum veto