Private and Yet Public: The Schizophrenia of Modern Sports and Judicial Review, NUJS Law Review, Vol. 8, Issue 3-4, 2015 (original) (raw)
Related papers
Private and Yet Public: The Schizophrenia of Modern Sports and Judicial Review
SSRN Electronic Journal, 2015
Increased monetisation of sports has necessitated greater intervention of formal regulatory instruments of the state, including review of decisions of the governing bodies by courts. But the appropriate doctrinal terrain for such judicial scrutiny has been a matter of profound controversy. This paper looks at the scope of judicial review over sporting bodies as public bodies and argues that in spite of few exceptions, most countries have favoured recognition of sporting bodies as public institutions that are subject to duties higher than those enjoined upon private persons. At the same time, courts have been cautious about equating these bodies with state and have refused to subject these bodies to the entire gamut of constitutional obligations that apply to state or its instrumentalities. Nonetheless, there is a lack of uniformity on the extent of judicial scrutiny over sports bodies with countries and courts differing on the standard and scope of scrutiny. In this regard the Indian experience of judicial review over sports regulators stands out as a particularly activist model which may substantially impinge on the autonomy of sporting bodies.
SPORT'S GOVERNING BODIES SHOULD ALWAYS BE SUBJECT TO JUDICIAL REVIEW: WHY
VEGUETA, 2023
Generally, Sports Governing Bodies should not be subject to judicial review as it is a private body. The same was held by the Court of Appeal in the case of R v. Disciplinary Committee of the Jockey Club, ex parte Aga Khan[1]. This article discusses the reasons why the Sports Governing Bodies that always should be subject to judicial review. Furthermore, the accessibility of the judicial review in another jurisdiction and in contradiction of the other self-regulatory organisations proposes that the status of the Sports Governing Body in English Law is inconsistent. At most of the schools, there are various main sports that are now covered under the ambit of the curriculum of physical education. Further, there are many instances in which the intervention from the judiciary as well as the legislature on the issues relating to the safety of stadium and the orders of banning of football to hooligans depicts that some of the sports are already integrated within the ambit of public law. As earlier, before 1993, there was a case of Finnigan v. NZRFU[2], the Hon’ble Court held that the Sports Governing Body covered into the special area where a clear line between the private law and the public law cannot reasonably be drawn. Further, this chapter also considers that the procedural as well as the substantive limitations of the private law in challenging the Sports Governing Body, discovering that the judicial review might be a superior forum for the litigants in respect to sports.
Sports Law in India: Present Status and Future Road Map
Journal of Advances and Scholarly Researches in Allied Education, 2018
In India, sports have never been a main stream issue for policy makers. Sports have received the attention mostly as a source of entertainment in Indian social space. Even the approach of the common man in India towards the sports traditionally has been casual and emotional rather than rational. In other words, the sports and related issues have always occupied a secondary place in Indian sociopolitical-legal sphere. It is well known fact that baring few sports, India has not been doing very good in the realm of the sports. This approach of the Indian society towards sports has been main cause for its underperformance at the global level in the field of sports. The reason for the underperformance is not only rooted in human resources but certainly an issue and structure of sports governance in India. The vacuum in the sphere of sports governance need to be addressed urgently on priority basis to come out of present state of inertia. The researchers through this paper intend to examine the present status of sports law in India and suggest future roadmap for the sports governance as well.
Legal-administrative implications of international sport for public administration
Administrative Theory & Praxis, 2024
This paper explores the intersection of public administration and its administrative state, transnational and global policy, and international sports governance. We start by exploring autonomy and self-governance in international sport before sharing the structures, legal personalities, and nature of transnational private law interaction with international sport. The implications are illustrated through three examples. The first is the legal-policy interactions of the FIFA World Cup 2022 with Qatar. The second are new interactions of human rights with future World Cups and future Olympics. The third is the role of the Court of Arbitration for Sport and the World Anti-Doping Agency. This leads to three implications for administrative scholarship: lex sportiva implications for public administration, a stretching of the autonomy and self-governance concepts, and expanding the evaluation stage of a policy cycle to include the governance legacies of mega sports events.
For a Free and Fair Sporting Sector in India
This study seeks to find an answer to this question: which one can be a successful model in sports in India: Planned Approach or a Spontaneous Order?’ The study explains that planned sporting activities in India have not led to any significant achievements for the country in competitive sporting events. In other words, government spending on sports has failed to generate substantial returns in terms of producing competitive athletes or good sports facilities to promote them. Executive Summary Freedom and financial independence from the state are decisive in improving sports in India. The federal government is a facilitator of sports development in the country. However, it has been observed that in recent times cronyism is a constant phenomenon in sports associations/councils. In the most glaring case, India was banned from....
The international sport system exists and operates as a self-regulating private legal order that is governed by international non-governmental organizations, such as the International Olympic Committee (IOC), the World Anti-Doping Agency (WADA) and international sport federations (IFs). Nation states have deferred to this regulatory autonomy by either refraining from enacting legislation governing national sport bodies, or adopting legislation that recognizes the near exclusive authority of the IOC and IFs over national sport organizations and national Olympic committees. Similarly, with respect to dispute resolution, the emergence of private sports arbitration tribunals, both at the national and international level, has substantially reduced the ability of national courts to intervene into sporting disputes. The effect of these developments has been to shield the autonomy of the international sport system from regulation by national legal systems. From a national law perspective, this self-regulation has significant implications when the rules and regulations of international sport bodies contravene fundamental principles of equity and fairness, typically enshrined in and protected by domestic human rights law. This concern was realized in the recent case of Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, wherein several female ski jumpers brought a constitutional challenge against the Vancouver Olympic Organizing Committee for implementing the IOC’s decision not to include women’s ski jumping in the 2010 Olympic Programme. The purpose of this paper is to examine whether current systems of regulation within the sport system, specifically, the Court of Arbitration for Sport (CAS) and the IOC Ethics Commission, are able to provide the necessary oversight over international sport bodies that national legal systems are often unable to provide. It is argued that CAS, as the more suitable regulator, has both the authority and an obligation to exercise a greater supervisory role over the international sport system.
Sports Economy and Fight Against Corruption: which Limits for the Sporting Organisations Autonomy
European Business Law Review, 2021
This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport.
A Comparative Study of Sports Law of India and France
ISRASET, 2021
I. INTRODUCTION This paper aims to shape a comparative study of Sports Law in India and France. An intricate analysis of sports achievements of both the countries have thoroughly been done to understand the gap between the two. From the legal perspective the Sports Legislations in both the countries have been weighed up. India's National Sports Development Code 2011 and France's Code du Sport are the two laws which have been undertaken for this study. II. FRANCE France is one of the sports power houses and it was a primary reason a comparative study was undertaken between India and France. Let us look at the European nation's accomplishment in different events. 1) At Olympics: France has been a strong competitor in Sports highest event "The Olympics". Like United Kingdom, their achievements can be divided in period of three different eras. From 1896 to 1952 when they ranked among top eight countries, in fact out of the 12 Olympics during this era France were among top 5 in 8 of them. This manifested their dominance on sports. They also topped the chart in Paris Olympics in 1900, among their home crowd. With 26 Gold and 101 total medals they ended up at no.1 position, the very best of France at the Olympics. 1