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.
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, equating "unanimous consent" with
"silent consent", i.e. with no objections raised. In contrast, a
United
Nations Security Council resolution is not considered
"unanimous" if a member abstains. 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.
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.
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.
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. Notwithstanding this, many U.S.
states do require jury unanimity; for example, article 21 of the
Maryland Constitution's
Declaration of Rights states:
In England and Wales, since
the Juries Act 1974, a verdict may be returned where not more than
2 jurors dissent.
References
- e.g.
- Apodaca v. Oregon,
See also