Unanimity
Encyclopedia
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
Voting
Voting is a method for a group such as a meeting or an electorate to make a decision or express an opinion—often following discussions, debates, or election campaigns. It is often found in democracies and republics.- Reasons for voting :...

 or implicitly by a lack of objections.

Voting

Practice varies as to whether a vote can be considered unanimous if some voter abstains
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...

. Robert's Rules of Order
Robert's Rules of Order
Robert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...

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
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....

 is not considered "unanimous" if a member abstains. In the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, 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
Rubber stamp (politics)
A rubber stamp, as a political metaphor, refers to a person or institution with considerable de jure power but little de facto power; one that rarely disagrees with more powerful organs....

 for a more powerful authority.

Single-party state
Single-party state
A single-party state, one-party system or single-party system is a type of party system government in which a single political party forms the government and no other parties are permitted to run candidates for election...

s can restrict nominees to one per seat in elections and use compulsory voting
Compulsory voting
Compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subject to punitive measures such as fines, community service, or perhaps imprisonment if fines are unpaid...

 or electoral fraud
Electoral fraud
Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates or both...

 to create an impression of popular unanimity. The North Korean parliamentary elections, 1962
North Korean parliamentary elections, 1962
Parliamentary elections were held in North Korea on 8 October 1962. Only one candidate was presented in each constituency, all of which were selected by the Workers' Party of Korea, although some ran under the banner of other parties or state organisations to give an appearance of democracy...

 reported a 100% turnout
Voter turnout
Voter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...

 and a 100% vote for the Workers' Party of Korea
Workers' Party of Korea
The Workers' Party of Korea is the ruling Communist party of the Democratic People's Republic of Korea , commonly known as North Korea. It is also called the Korean Workers' Party...

. 100% votes have also been claimed by Ahmed Sékou Touré
Ahmed Sékou Touré
Ahmed Sékou Touré was an African political leader and President of Guinea from 1958 to his death in 1984...

 in Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...

 in 1975 and 1982, Félix Houphouët-Boigny
Félix Houphouët-Boigny
Félix Houphouët-Boigny , affectionately called Papa Houphouët or Le Vieux, was the first President of Côte d'Ivoire. Originally a village chief, he worked as a doctor, an administrator of a plantation, and a union leader, before being elected to the French Parliament and serving in a number of...

 in Côte d'Ivoire
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...

 in 1985, and Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...

 in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

 in 2002.

Juries

In criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...

s, many jurisdictions require the jury to reach a unanimous verdict. This is not so in civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 jury trials.

The United States Supreme Court ruled in Apodaca v. Oregon
Apodaca v. Oregon
Apodaca v. Oregon, is a United States Supreme Court case which held that state juries may convict a defendant by less than unanimity even though federal law required that federal juries must reach criminal verdicts unanimously...

that the Sixth Amendment to the Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...

 mandates unanimity in a federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 jury trial; but that the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 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
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...

's Declaration of Rights states:

In England and Wales
Jury (England and Wales)
In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.-History:The English jury has its roots in two institutions that date from before the Norman conquest in 1066...

, since the Juries Act 1974, a verdict may be returned where not more than 2 jurors dissent.
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