Constitutionnalisme et exclusion : critique du regard français sur le modèle canadien de pluralisme
This research intends on proving how constitutionalism and exclusion collide one against the other trhough a critique of the french gaze on a supposedly canadian model of pluralism. This negative comparison's silencesbetween France and Canada gave birth to this question of how one is being excluded and othered based on the identity of constitutional law. This critique, that focuses on identities, is shifting those three dialectics supporting the aforementioned negative comparison: positivism v. pluralism; universalism v. differentialism; republicanism v. liberal pluralism. France and Canada share this issue of how reality is oriented towards specific identities. This research is, then, a critique of constitutional identities. Exclusion is defined as the gap between the orientation of law's identitiesnd the bodily  reality of its subjects.The analytical tool developed here to tackle exclusionin law has three steps:shedding lighton the orientations of constitutionalism, its identity structure, and its constitutional Others.The research purports on turning shcolars' critical gazetowards this phenomenology of constitutional exclusion, its "constitutive outside," by deciphering a typologyof constitutional Others. Thiw will be through the collisions of freedom of religionand sexual orientation. Constitutionalism is per se oriented towardshe ascendency of whiteness, patriarcalism and heteronormativity.
Accommodements Canada Discrimination Exclusion France Postcolonialisme Aboriginal rights Aboriginal title Accommodations Canada Collective rights Communities Conflict of rights Constitutionali others Constitutionalism Differentialism Dignity Discrimination Exclusion Federalism France Freedom of religion Governmentality Heteronormativity Homosexuality Identities Legal personality Multiculturalism Negative comparison Patriarcalim Pluralism Positivism Postcolonialism Republicanism Rhetorical equality Sexual orientation Substantive equality Vulnerability Universalism