Benue State University, Makurdi

Proportionality of Sanctions: A Threat to the Certainty of Law in Dispute Resolution and Perception of Justice in Sports

Oluwagbenga Atere*

Abstract

The Court of arbitration for sports emphasizes the proportionality of sanctions imposed by judicial or quasi-judicial panels. Nevertheless, this paper exposes the legal anomaly that the standard employed in the determination of proportionality lacks any form of precision or clarity leading to a discretionary determination of proportionality in the sports judicial hierarchy especially in the Court of arbitration for sports. The paper also investigated the non-admittance of the defence of personal circumstances in the principle of proportionality and the legal and allowable exception of no fault or negligence its validity or otherwise. The study further reinforced the need for the Court of Arbitration for sports to focus on its appellate jurisdiction in the review of facts and law as stated rather than review the prescribed sanctions enacted by sports authorities.

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