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regulation at EU level threatens to undermine these political objectives. Without more co-ordinated action in the field of sport, EU policy towards sport risks being pulled apart by competing policy tensions. Traditionally, the sports sector has developed rules which have attempted to maintain a competitive balance between participants. Given the extent of commercialisation in European sport, the maintenance of these rules is considered by many as essential. However, many of these alleged pro-competitive rules have been regarded as anti-competitive by the EU. Again, the

in Sports law and policy in the European Union

environmental policy is one example of the interplay between regulation and values. As Bell and McGillivray explain, it is an inescapable fact that environmental law and environmental lawyers do not operate within a value-free vacuum . . . environmental law is for the real world, where political, social, scientific and economic factors influence the way that law works in practice. Thus, when environmental rules are placed into a practical context there is a need to be aware that law is not some stand-alone monolith which can be interpreted in isolation from external issues

in Sports law and policy in the European Union

penetrated by political arguments (Radaelli 1999a). As illustrated in Chapters 4 and 5, sport emerged on to the EU’s systemic agenda through the ECJ rulings in Walrave, Donà and Bosman. It was then transferred to the institutional agenda through the quasi-legal venue of the Competition Policy Directorate. As such, the sports policy subsystem was initially dominated by legal Single Market regulatory norms as opposed to the essentially political socio-cultural arguments advanced by Adonnino (see Chapter 1 and below). The Adonnino sporting agenda stressed the social

in Sports law and policy in the European Union

relations between belligerent forces are confined to military matters only, but occasionally such relations – for example, the arrangement of a local truce or surrender – may involve political considerations. In view of modern radio and similar means of communication, such issues tend nowadays to be undertaken at an intergovernmental level, thus avoiding actual negotiations between belligerent commanders

in The contemporary law of armed conflict

6 Themes and influences No nation can pursue the path to self-government free from all external considerations and untrammelled by the intellectual influences descending from the past.1 Introduction In order to understand the thinking behind the 1922 Constitution, it is necessary to consider the document in the light of its intellectual and political context. The 1920s were years of momentous significance for Ireland because, after centuries of oppression and revolutionary struggle, the Irish people had finally gained the freedom to construct a new State for

in Drafting the Irish Free State Constitution
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Reflections A new page of Irish history is beginning. We have a rich and fertile country – a sturdy and intelligent people. With peace, security and union, no one can foresee the limits of greatness and well-being to which our country may not aspire.1 It was in the spirit of the above quotation from Collins that the first Constitution of the modern Irish State was drafted. There was hope and enthusiasm for the future of the fledgling state. Now that the Irish people had finally gained the freedom to construct their own political and legal institutions, it was

in Drafting the Irish Free State Constitution
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Introduction The modern Irish state was born in 1922 with the promulgation of the Irish Free State Constitution. It was at this moment that many aspects of our legal and political system were created. This momentous but relatively unexplored moment of Ireland’s constitutional history has been overshadowed in popular memory by the 1916 Rising, the convocation of the first Dáil in 1919 and specifically by the present Irish Constitution of 1937. These topics have been written about extensively, and recent scholarship has shed light on the circumstances in which the

in Drafting the Irish Free State Constitution

. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.’2 In complete contrast to the British idea, the Irish Constitution Committee decided on the idea of popular sovereignty for the Irish Free State Constitution.3 Popular sovereignty is the idea that the people are the source of all political authority within the state.4 It is the idea that the people can create their own state, write their own laws, build their own institutions, set down their own rules, elect their own representatives and have the

in Drafting the Irish Free State Constitution

3 The sports policy subsystem Sabatier’s Advocacy Coalition Framework (ACF) proves a useful starting point for those wishing to conceptualise the EU as comprising a myriad of policy subsystems. Operating within these subsystems is a wide range of actors who attempt to steer policy in a direction compatible with their belief system. Sabatier’s broad concept of subsystem actors stresses the political nature of subsystem activity. Sabatier defines a policy subsystem as a ‘set of actors who are involved in dealing with a policy problem’ (Sabatier 1988: 138). The

in Sports law and policy in the European Union

established important principles concerning the relationship between sport and EU law.1 In the event, the lack of enforcement from the Commission limited the scope of these rulings. In Bosman, the principles established in previous case law were extended. As the Commission was more energetic in enforcing Bosman, so the ruling took on enormous legal significance for sport.2 The rulings in Deliège and Lehtonen, which placed some limit on the application of EU law to sport, took place in the context of an on-going political discussion within the EU on how to reconcile EU law

in Sports law and policy in the European Union