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This bug originated in the mail, discussion started with https://lists.w3.org/Archives/Member/w3c-xsl-wg/2015May/0007.html (member only). This bug was discussed and its resolution as mentioned in that mail was ACCEPTED by the WG at the 2015-06-04 telcon, minutes: https://lists.w3.org/Archives/Member/w3c-xsl-wg/2015Jun/0011.html Summary: In the aforementioned mail thread and following discussion in the WG telcon, it was recognized that xsl:assert as it is currently written, is not very helpful and leads to unwieldy programming with xsl:choose and xsl:if in cases where you want to assert a pre-condition of a sequence constructor. It was precisely this scenario that the original idea of xsl:assert was supposed to remedy. Resolution: Following the CONCLUSION from the 2015-06-04 it was ACCEPTED that xsl:assert statements should be evaluated *prior* to their following siblings in the XSLT stylesheet. Examples of this proposal can be found in the original mail-thread.
The change has been applied.