To avoid confusion: this is not EC post, this is not even EC scope; neither it is an NCA post. This is my personal post but I have to work with the procedural details of constitution now in EC and before in NCA.
SC majority is counted from the full size, empty seats counting as abstentions. 6-member incomplete SC is not uniquely tied. 5-member incomplete SC out of the full size 7 cannot in fact do majority decisions in a 3:2 split.
In that sense, the current constitution does permit a stalled SC at any size (a consistent abstention at full size can also become an issue). There is one issue on which constitution gives a split SC a way out — there is a backup mechanism for EC appointment; this is because this is the kind of decision that needs to be taken in a timely manner for the constitution to function at all.
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Interesting and thorny problem. I don’t currently have well-formed thoughts that would lead to productive discussion on solutions to the constitutional questions of stalled EC, but I want to thank you for the early transparency into your thought process as you see a problem arise.
I don’t think full transparency can or should be universal for all issues, but where transparency doesn’t cause breach of privacy or incite people to crystallize on previously stated stances, it really does help people have trust in the process. It’s appreciated.
There is one additional thing where the Constitution counts based on the smaller size of the SC rather than the full size: disqualification of candidates for election.
Disqualifications of candidates in an election requires supermajority among the currently serving SC members.
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