Central and local governments enact Laws and Ordinances, respectively, which originate from decisions made in courts and from the country’s written Constitution. These laws and ordinances are known as Statutory Law. Their application is always limited to matter of jurisdiction and cannot violate the country’s Constitution or the relevant state Constitution.
When jurisdictions overlap (e.g. when two levels of government have jurisdiction over the same issue) conflicts may arise. When this happens the doctrine of supremacy applies, central government rules prevail over local law.
The same legal principle is valid when Sports Law overlap Statutory Law; the latter win through. Sports is a multi-billion dollar global industry enjoying unprecedented growth. Its success brings a corresponding increase in both the range and complexity of legal issues that it faces.
Legal issues within sports and recreation organizations are wide and varied and, virtually, every field of Statutory Law regulates or is relevant to one or more aspects of youth high school, college, and Olympic, international, professional, or recreational sports.
However, the absence of frequent legislative intervention in sports matters is one if the features that differentiate sports law from other activities based branches of the law; domestic statutes impact very little in sporting activities, except on issues of tax evasion, money laundering, and other similar offenses.
Adherents to this view classify as debatable whether “sports law” (like cyber law or healthcare law) is actually a discrete area of law or merely the application of many areas of law to a unique industry, and emphasise the growing need for sports lawyers to have expertise in several areas of law to effectively represent their clients.
Counsel for professional leagues and clubs requires a general understanding of contracts, labour, sex-discrimination, private association, antitrust, tort, tax, antitrust and intellectual property law, to name but a few, in addition to a robust knowledge of the arbitration process and strong negotiation and drafting skills.
Counsel must also be able to provide effective legal advice on regulatory and disciplinary issues and be particularly experienced in advising on doping, corruption, racist behaviour, selection disputes, and alternative dispute resolution methods.
Quabbala Lawyers and Economist offers sports law practice services of the very highest added value to sportsmen and women, focused exclusively on sports-related disputes, that can address all their legal issues by combining effective business orientation, versatility, and in-deep knowledge of the industry practices with multidisciplinary legal expertise.