Absolute right
What does Absolute right mean in American Law?
The definition of Absolute right in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
A right may be called “absolute” merely to distinguish it from one which is relative, or contingent, or not yet finally vested. See absolute. But there is another, further meaning of “absolute right” in which “absolute” almost means “natural” (in the sense of natural law), i.e., not given by positive law, but prior and perhaps superior to it. It is sometimes said, for instance, that the right to do with one’s property what one will, to enter into contracts, and to refuse to enter into contracts are “absolute rights” in this more absolute sense. The attendant implication is that these rights cannot be taken from a person, or their exercise severely limited, without the
person’s consent. Indeed, it has sometimes been thought that injuries inflicted on another by the exercise of these “absolute rights” are not actionable. There are, however, no rights “absolute” in this strong sense. One is not entitled to do whatever one wishes with one’s property (see, e.g., common law tort; nuisance; zoning.) One is not entitled to make any contract (see, e.g., illegal contract; antitrust acts.) One is not even under all circumstances entitled not to enter into a contract (see, e.g., Civil Rights Bill; common carrier). Indeed, in almost every imaginable situation it has been held that law can interfere with a person’s rights. Nonetheless, certain
rights do seem more “absolute” than others. They may remain in fact only relative, but it seems that more governmental explicitness, explanation, justification, and, often, due process of law, is required to affect them than to affect other citizen activities.
Absolute right in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of absolute right.
Resources
See Also
- Law Enforcement Officer
- Police Officer
- Law Enforcement Agency
Further Reading
- absolute right in A Dictionary of Law Enforcement (Oxford University Press)
- absolute right in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
English Legal System: Absolute Right
In the context of the English law, A Dictionary of Law provides the following legal concept of Absolute Right : A right set out in the European Convention on Human Rights that cannot be interfered with lawfully, no matter how important the public interest in doing so might be. Absolute rights include *freedom of thought, conscience, and religion and the prohibitions on *torture, *inhuman treatment or punishment, and *degrading treatment or punishment.
Compare qualified right.
Leave a Reply