The Fundamental Principles Of Administrative Law Essay
The two fundamental principles of administrative law that come from Lee include; (1) the governing documents of an organization help form a contract between the organization and its members by establishing rights and obligations and (2) there is a duty to act fair (procedural fairness) with all members. These two principles can be used to help solve conflicts in any organization, including those of sport.
Member contracts are what allow a sport organization to establish privileges, obligations and rights of membership. When an individual joins a sport organization it is expected that they accept the terms of the contract. The terms of a contract are often found in an organizations bylaws and governing documents which establishes all responsibilities and rights of both member and organization. This results in a contractual agreement. If neither party likes the terms of their agreement changes can be made using a policy-making channel. Furthermore, because it is a contract, all individuals involved are expected to adhere to the terms agreed upon. Any breach in the contract would result in a penalty or consequence, as both parties are expected to fulfill all contractual agreements.
Procedural Fairness Principles
When looking specifically at procedural fairness and the second principle highlighted by Lee, it is important to remember that being fair means following two rules, as laid out by the textbook Legal Issues in Sport: