t consent as consent when it is given by remaining silent or inactive; it is not express, explicit, directly and distinctly expressed by action, but is rather expressed by the failure to do certain things (Simmons 80). However, tacit consent is still given or expressed. Silence after a call for objections is just as much an expression of consent as calling out aye or nay on a vote. Calling consent tacit merely refers to the mode in which it is given.
Simmons has established five conditions for tacit consent through silence: 1) the situation must be such that it be a perfectly clear choice situation where consent is appropriate and the consentor is aware of what is happening; 2) that there is a period when dissent is invited and the acceptable means of expressing dissent are understood or made known to a potential dissenter; 3) that there is a limited time for dissent which is made clear to the dissenter; 4) the means for indicating dissent must be reasonable and reasonably easily performed; 5) and the consequences of dissent cannot be extremely detrimental to the potential dissenter (Simmons 80-81). The first three conditions guarantee that the potential consentor's silence is significant. They show it does not simply occur because of a failure to grasp the situation, a lack of understanding of proper procedure, or a misunderstanding about how long one has to decide whether or not to dissent. Violation of either 4 or 5 means that silence cannot be taken as tacit consent, even if the other three conditions are met.
A formal choice procedure fits the first three conditions, but not conditions 4 and 5 (Simmons, 98). Emigrating from a country is not a choice for many people who disagree with the government. Financial constraints would make it impossible or at least an extreme hardship for many. Leaving home, family, friends, job or career, uprooting children from school, etc. would pose untold hardships on families an...