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Kerr, Tim --- "Disciplinary Regulation of Sport: A Different Strand of Public Law?" [2007] ELECD 258; in Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika (eds), "The Regulation of Sport in the European Union" (Edward Elgar Publishing, 2007)

Book Title: The Regulation of Sport in the European Union

Editor(s): Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203632

Section: Chapter 5

Section Title: Disciplinary Regulation of Sport: A Different Strand of Public Law?

Author(s): Kerr, Tim

Number of pages: 10

Extract:

5. Disciplinary regulation of sport: a
different strand of public law?
Tim Kerr

INTRODUCTION
I would answer the question posed in the title with a simple `no'. Disciplinary
regulation of sport is not a strand of public law. It is a sui generis branch of the
law relating to sport, which is international in character and partakes of both
public and private law principles. The fast-growing body of international
sports law jurisprudence does not, for the most part, concern itself with
whether the legal rules governing disciplinary issues occupy the private or the
public sphere. Put simply, disciplinary regulation in sport is neither private law
nor public law but, ultimately, sports law.


SPORT, SOCIETY, ECONOMY AND GOVERNMENT
In English law, `public' is closely allied to `governmental'. The susceptibility
of a decision to judicial review depends on whether the decision challenged is
directly or indirectly part of our system of state regulation. The thesis that
sport straddles the public and private sectors is now probably untenable. In the
sporting field, governments (at least in the liberal western democracies) in the
main do not intervene because they have quite enough to do, and do not need
to intervene except where sport impinges on classic areas of state responsibil-
ity: public order, public safety and, in some countries but not Britain, doping
control.
The role of government is mainly facilitative: drumming up finance for new
stadia, lobbying to secure the Olympic Games, promoting dialogue between
bodies in dispute, linking availability of funding ...


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