Vol. 38 No. 1 (2019): The University of Queensland Law Journal

Faster, Higher, Stronger, Upgraded: A Conceptual Basis for the Future Regulation of Elite Sport

Published 2019-10-24


Humanity now possesses the capacity and technology to pursue radical human enhancement, presenting fundamental challenges for the regulation of elite sport. In order to regulate not only performance enhancement, but also human enhancement, the World Anti-Doping Agency must articulate the legitimate public interest of elite sport so as to justify its regulatory mandate to prescribe strict-liability offences. This article argues that the necessary public interest in elite sport is the pursuit of human excellence, passively pursued through the concept of spectatorship. On this basis, a two-limb test is offered to reorient and guide the regulation of enhanced athletes. This conceptual rationale and subsequent test provide clarity where advances in technology increasingly blur the distinction between performance enhancement and human enhancement.