Difficult the call: Should sporting events governing bodies become at the mercy of judicial comment?

Difficult the call: Should sporting events governing bodies become at the mercy of judicial comment?

English law is actually settled in its evaluate one to Recreations Governments (“SGBs”) commonly amenable in order to judicial review, following Court from Attract decision from inside the R v Disciplinary Committee of Jockey Pub, ex p Aga Khan. But not, this particular article argues one, twenty seven years on throughout the top decision, the situation deserves reconsideration thanks to flaws from inside the judicial cause and you may, in particular, here growth of this new government’s wedding when you look at the sport. Additionally, the available choices of judicial review various other jurisdictions and you can up against other self-regulatory enterprises implies that the career regarding SGBs in English law is anomalous. Once the Aga Khan, brand new courts have developed an exclusive law “supervisory legislation” and this some is the reason the absence of official remark but, strengthening towards the works away from Michael Beloff QC (among others), this article takes into account the brand new substantive and you will procedural limitations out-of individual legislation into the challenging SGBs, discovering that official comment may be a preferable discussion board having dressed in litigants.