Glory without Power: The Nationhood Power and Commonwealth Spending on Sport

(2021) 95 Australian Law Journal 274

12 Pages Posted: 1 Sep 2021

See all articles by Daniel Goldsworthy

Daniel Goldsworthy

Deakin Law School; Melbourne Law School

Date Written: April 1, 2021

Abstract

The constitutional dimensions of federal spending on sport have yet to be considered by the courts, the academy or various parliamentary inquiries. The current Senate Select Committee on Administration of Sports Grants provides an opportunity to consider the constitutionality of federal spending on sport, which it has not had cause to consider since the seminal decisions of Pape, Williams [No 1] and Williams [No 2]. In the absence of express or concurrent legislative powers regarding sport, this article considers whether the Constitution’s implied nationhood power might support Commonwealth funding in this area. An appropriate constitutional challenge would likely call into question, and possibly fracture, existing aspects of Commonwealth spending on sport for want of necessary constitutional power. In this context, a fascinating conceptual question arises: can sport, as a subject matter, enliven the Commonwealth’s implied nationhood power and therefore validate spending on sport? Were the validity of Commonwealth spending on sport to be challenged, the High Court would have recourse to consider whether, constitutionally at least, Australia is truly a sporting nation.

Note: This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au

This article was first published by Thomson Reuters in the Australian Law Journal and should be cited as Daniel Goldsworthy, Glory without Power: The Nationhood Power and Commonwealth Spending on Sport, 2021, Vol. 95, ALJ, 274.

For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search.

The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe‐or‐purchase.

Keywords: Commonwealth Spending on Sport; Nationhood Power; Constitutional Law; Pape; Williams No 1; Williams No 2

Suggested Citation

Goldsworthy, Daniel, Glory without Power: The Nationhood Power and Commonwealth Spending on Sport (April 1, 2021). (2021) 95 Australian Law Journal 274, Available at SSRN: https://ssrn.com/abstract=3889766

Daniel Goldsworthy (Contact Author)

Deakin Law School ( email )

75 Pigdons Road
Victoria, Victoria 3216
Australia

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
56
Abstract Views
119
rank
506,640
PlumX Metrics