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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A seven-member division has six actual participants and voters in an ordinary merits case, with three favoring one result and three the opposite. Supporters of one side argue that the constitutional minimum of three concurrences alone is enough, even without a majority. What follows under Article VIII, Section 4(3)?

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The division may ignore the majority condition if the case is urgent. Either group of three may independently publish the Court’s binding judgment. Three meets the minimum but not the majority of six; the required concurrence is absent and the case must be decided en banc. A tie automatically counts as unanimous approval.

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