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Article 30 discusses that substitutes are sworn in if and only if at least 1/3 of the panel is recused. What happens when exactly two members of the panel are absent? 1/3 of 7 is 2 and change, so i...
Answer
#1: Initial revision
by
DonielF
·
2020-07-08T14:23:02Z (over 4 years ago)
Article 30 discusses that substitutes are sworn in if and only if at least 1/3 of the panel is recused. What happens when exactly two members of the panel are absent? 1/3 of 7 is 2 and change, so if exactly two members are missing, that's less than 1/3. Articles 16 and 17 discuss scenarios requiring a 2/3 majority. If no members are recused, that's 5/7. If exactly one member is recused, that's 4/6. But if two members are recused, you need 4/5. Compared to the 71% majority required for a full panel and the 66% majority if one person is missing, 80% seems unreasonably high, being a 14% range (with respect to the total panel). I propose one of the following solutions: 1. Readjusting Article 30 to kick in if more than one member is recused; this prevents a 5-person panel from existing, limiting the range to just 5%. Alternatively, readjust all fraction to round to the *nearest* integer, not the *next* integer, which has the same result. 2. Readjusting Articles 16-17 to kick in at 3/5, not 2/3. For higher-member panels that's still 4/6 or 5/7, and it maintains an 11% range, not 14%.