Since R v Kapp, the Supreme Court of Canada has consistently argued that a type of equality named for this adjective is protected by Section 15 of the Charter. That type of equality named for this adjective, which is incorporated into Jordan’s Principle, is contrasted with formal equality. John Hart Ely (“EE-lee”) claimed that a phrase starting with this adjective is an oxymoron, like the phrase “green pastel redness,” a claim that has been echoed by Antonin Scalia (“skuh-LEE-uh”) and Clarence Thomas. The use of a principle named for this multisyllabic adjective to strike down economic regulations, including in a case involving working hours for bakers, characterized the Lochner era. In the context of the interpretation of the Fifth and Fourteenth Amendments, this adjective is the opposite of “procedural.” For 10 points, unenumerated rights are protected by what form of due process? ■END■
ANSWER: substantive [accept substantive due process; accept substantive equality]
<Social Science>
= Average correct buzz position