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Dunsmuir’s disconnect
University of Toronto Law Journal  (IF1.234),  Pub Date : 2019-01-01, DOI: 10.3138/utlj.2018-0084
Matthew Lewans

Abstract:Over the past ten years, Dunsmuir v New Brunswick has become a focal point in scholarly and judicial discourse regarding the law of judicial review. But, despite its influential status, the author argues that the reasoning in Dunsmuir cannot be easily reconciled with paradigmatic cases in Canadian administrative law, which regard transparency, fairness, and reasoned justification as essential rule-of-law safeguards against arbitrary governmental action. By juxtaposing Dunsmuir with a principled understanding of these paradigmatic cases, the author concludes that the reasoning in Dunsmuir serves to undermine, rather than reinforce, the fundamental principles which might otherwise ensure the legitimacy of administrative law.