Wednesday, 6 November 2013

Constitutionalised Autonomy of Sports Organisations

What if someone complains against the by-laws and regulations of sports organisation? 
They said the rule is discriminatory...
They said the article is invalid...unconstitutional...

What if there is no sports legislations on how to govern the sports organisation?
They said, must respect the autonomy of the sports organisation...
They said, don't you understand the nature of public responsibility?

In order to answer these two questions, we must understand the nature of sports organisation, the role of existing law governing sports organisations and the task of court in supervising and reviewing the judicial decision of sports organisations. 

Nature: The sports organisations in Malaysia receive fund from the government. Their interest and function are public but their legal structure and institutional relationship are private. The position is uncertain. The 'governmental interest test' is always inconsistent. The sports organisations said.."Leave the sports matter to us....and don't disturb our way of regulating our sport".

Law: Section 26(b) of the Sports Development Act 1997 requires that the Minister (without prejudice) may make regulations on duties, powers and functions of sports organisation. The function is governmental (see KBS Strategic Plan) and public (NSP 2009) unless there exist different directions and specific regulations by international federations [s.3(2) of SDA]. The sports organisations said..."Why you are so busy body...we know what to do in our own house..".

Judicial Review: If the power is private and contractual, court refuses to review any judicial decision by sports organisations. The sports organisations said, "See..even court not dare to intervene our private matters...".

Satirical Cartoon on Stop and Frisk from Artist Kevin Eason

You are right...BUT only when your regulation is legitimate.... your mini trial (internal - s.23 SDA) is based on the principle of natural justice... and your CONSTITUTION is autonomously constitutionalised. 

Think about this!!.