07/30/2026
The Constitutional Architecture of Judicial Review: From CUPE to Democracy Watch
Democracy Watch v. Canada (Attorney General) addresses a fundamental constitutional question: how far may Parliament restrict judicial review? This article argues that the decision is best understood not as a departure from earlier administrative law jurisprudence, but as the Supreme Court of Canada's clearest affirmation to date of the constitutional balance between legislative supremacy and the rule of law. By tracing the evolution of judicial review through CUPE, Crevier, Dunsmuir and Vavilov, the article demonstrates that Democracy Watch confirms the constitutional limits on legislative attempts to restrict judicial supervision of delegated authority. Parliament may regulate judicial review, but it cannot eliminate the courts' constitutional responsibility to ensure that public power is exercised within lawful limits....
Democracy Watch v. Canada (Attorney General) addresses a fundamental constitutional question: how far may Parliament restrict judicial review? This article argues that the decision is best understood not as a departure from earlier administrative law jurisprudence, but as the Supreme Court of Canada...
