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Grounding Equality in Social Relationships: Suspect Classification, Grounds of Discrimination, and Relational Theory

Grounding Equality in Social Relationships: Suspect Classification, Grounds of Discrimination, and Relational Theory

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Title: Grounding Equality in Social Relationships: Suspect Classification, Grounds of Discrimination, and Relational Theory
Author: Eisen, Jessica Nichol
Abstract: This thesis considers the implications of relational theory for doctrinal debates in Canadian and American constitutional equality law, with a focus on grounds of discrimination and suspect classification. Chapter 1 sets out the fundamentals of feminist relational theory, emphasizing relational approaches to difference, equality, and rights. Chapter 2 considers the methodological implications of applying relational theory to doctrinal problems. Chapter 3 sets out the basic structure and evolution of the suspect classification inquiry in American equal protection law. Chapter 4 does the same in respect of the Canadian doctrinal approach to grounds of unconstitutional discrimination. Finally Chapter 5 ties together Canadian and American scholarly debates over the proper shape of inquiries into groups/grounds or class(ification), and suggests a framework by which the relational theory set out in Chapter 1 might help to reframe and resolve aspects of these problems as they emerge in both jurisdictions.
Subject: Law
Canadian studies
American studies
Keywords: Tiered scrutiny
Comparative law
American equal protection law
Canadian equality law
Constitutional law
Feminist theory
Social relations theory
Relational theory
Grounds of discrimination
Enumerated and analogous grounds
Suspect classes
Suspect classification
Type: Electronic Thesis or Dissertation
Rights: Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
URI: http://hdl.handle.net/10315/27560
Supervisor: Bhabha, Faisal
Degree: LLM - Master of Laws
Program: Law
Exam date: 2013-10-01
Publish on: 2014-07-09

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