Doping in sport: What role for administrative law?

Narelle Bedford, Greg Weeks

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

his chapter examines the intersection of administrative law and doping in sport. Administrative law is the specialised area of law concerned with challenging government decisions. The chapter explains how administrative law is applicable to doping decisions at an Australian national level, as doping decisions are made by the Australian Sports Anti-Doping Authority, a body created by and exercising its powers under a Commonwealth Act. The authors detail the different options for challenging a doping decision in Australia using administrative law, which include merits review by a tribunal and judicial review or an appeal conducted by a court. At an international level, administrative law’s fundamental concepts are reflected and embedded into the Court of Arbitration for Sport’s Code and Rules, and also the World Anti-Doping Agency’s Code. The centrally applicable concept is procedural fairness (sometimes referred to as natural justice or due process) which requires all administrative decisions to be made by an unbiased decision-maker following a fair hearing. The chapter concludes that administrative law principles can provide much beneficial guidance to doping decision-makers that will assist in improved decision-making, as well as providing a possible basis for affected individuals and entities to challenge doping decisions.
Original languageEnglish
Title of host publicationDoping in Sport and the Law
Subtitle of host publicationAn In-Depth Analysis of Impact
EditorsUlrich Haas, Deborah Healey
Place of PublicationUnited Kingdom
PublisherHart Publishing
Pages147-168
Number of pages22
ISBN (Print)978-1-50990-588-1
Publication statusPublished - 26 Apr 2016

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  • Related Research Outputs

    • 1 Submission to government

    Submission in response to the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Bill 2019

    Greenhow, A., 17 Jan 2020, 9 p. Senate Standing Committees on Community Affairs.

    Research output: Other contributionSubmission to governmentResearch

    Open Access
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  • Cite this

    Bedford, N., & Weeks, G. (2016). Doping in sport: What role for administrative law? In U. Haas, & D. Healey (Eds.), Doping in Sport and the Law: An In-Depth Analysis of Impact (pp. 147-168). Hart Publishing. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2770312