The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada

Abstract

The Supreme Court of Canada has become the main gatekeeper to constitutional reform in the country. Over the years, the Court has consolidated the power to determine whether, how, and by whom the Constitution of Canada may be amended – even where a given amendment affects the Court’s own powers. This extraordinary power of judicial review of constitutional reform is not unique among the world’s constitutional democracies. Yet the way the Court exercises this power – by reviewing a reform prior to its formal proposal or enactment – puts the Canadian Supreme Court in contention for the title of the most powerful court in the world.

Keywords: Supreme Court of Canada, Judicial Review, Unconstitutional Constitutional Amendment, Constituent Power, Constitutional Amendment Rules, Patriation, Meech Lake Accord, Charlottetown Accord, Juristocracy, Reference, Senate Reform, Secession Reference, Nadon Reference