Also known as: absolute rights
Written by attorneys · grounded in primary & secondary sources — see below
An unqualified contractual entitlement that permits a party to a lease to withhold consent to the transfer of the other party's interest without any requirement of reasonableness.
Landlord Anita Ali agreed to sell the building to a new buyer. Tenant Albert Allen reviewed the lease clause granting him an absolute right to withhold consent. Albert refused consent without stating any reason. The sale could not proceed because the lease provision removed any reasonableness requirement.
Tenant Aisha Ahmed asked to sublet her space to a third party. Landlord Antonio Alvarado invoked the lease clause giving him an absolute right to withhold consent. Antonio denied the request without explanation. The sublease was blocked because the provision eliminated any duty to act reasonably.
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A grand jury subpoenaed Amelia Amari to testify about prior statements. Amelia asserted an absolute right to resist based on self-incrimination concerns. The government offered use and derivative-use immunity. Amelia still refused, claiming the protection remained absolute despite the grant.
Indigent defendant Amber Alonzo faced felony charges in state court. Amber demanded appointed counsel as an absolute right under the Sixth Amendment. The trial court denied the request because the case was noncapital. Amber proceeded without counsel and later challenged the conviction on that ground.
Pregnant plaintiff Avalon Pharmaceuticals employee sought to terminate her pregnancy. She argued that the decision constituted an absolute right free from state criminal penalties. The state defended its statute as protecting prenatal life. The court examined whether any absolute bar on regulation existed.
Same-sex couple Aether Technologies employees sought a marriage license. They claimed the right to marry was absolute and could not be denied by state law. The state required opposite-sex couples only. The litigation tested whether the right carried absolute status under the Constitution.
A freely negotiated lease clause can grant a party an absolute right to withhold consent to an alienation by the other party. This right exists without any duty to act reasonably. The Restatement provisions confirm that such a clause overrides the usual rule requiring reasonable withholding of consent.
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An absolute right allows consent to be withheld for any reason or no reason at all. A relative right requires that consent not be withheld unreasonably. The distinction turns on whether the lease expressly creates the absolute version.
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The Confrontation Clause does not guarantee an absolute right to a face-to-face encounter. Procedures such as closed-circuit television may be used when they serve an important public interest and preserve reliability. The right yields when those conditions are met.
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…314 F. Supp., at 1222-1223. Appellant and appellee both contest that holding. Appellant, as has been indicated, claims an absolute right that bars any state imposition of criminal penalties in the area. Appellee argues that the State's determination to recognize and protect prenatal life from and after conception constitutes…