\\jciprod01\productn\H\HLS\7-1\HLS102.txt unknown Seq: 1 19-APR-16 15:58 Constitutional Voting Rules of Australian National Sporting Organizations: Comparative Analysis and Principles of Constitutional Design Robert D. Macdonald and Ian M. Ramsay1 Abstract In 2012 and 2013, four Australian national sporting organizations (“NSO’s”)—the Australian Football League, the Australian Rugby League Commission Limited, BA Limited (Basketball Australia) and Football Fed- eration Australia Limited—were also the national league competition orga- nizer (“NLCO”) for their sport. All four NSO’s are not-for-profit companies. We apply the model of optimal voting rules proposed by James Buchanan and Gordon Tullock to the actual voting rules adopted by the NSO’s. This model focuses on the minimization of costs associated with voting. We find that the NSO voting rules largely conform to the model although there are exceptions. In particular, “constitutional issues” (amendment of the NSO’s constitution and company wind up) require the approval of a greater propor- 1 Robert D. Macdonald (
[email protected]), Senior Fellow, Sports Law Program, The University of Melbourne; B. Com. (Hons.), LL.B., The University of Melbourne. Ian M. Ramsay (
[email protected]), Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation, The University of Melbourne; Solicitor of the Supreme Court of New South Wales, Member of the New York Bar, Member of the Federation of International Basketball Associations Appeal Panel; B.A., LL.B., Macquarie University; LL.M., Harvard Law School. This article develops ideas first presented in a series of guest lectures by Robert Macdonald at La Trobe University (2009) and the University of Melbourne (2012-13).