ABSTRACT
When deciding transnational legal disputes within the realm of lex sportiva, constitutional rights have a dual function. First, constitutional rights embody fundamental value standards that continuously inform the normative content and structure of transnational institutional arrangements. Second, constitutional rights embody procedural legitimacy standards. Procedural legitimacy standards guarantee the equal participatory say of all actors affected by an institutional arrangement. Whenever constitutional rights of concrete persons incommensurably collide, then the collision of constitutional rights itself needs to be interpreted in light of procedural legitimacy standards that are enshrined into the very core of constitutional rights. In other words, the distribution of participatory opportunities has a direct bearing on the proper balancing of incommensurably colliding constitutional rights. When a transnational institutional arrangement such as lex sportiva lacks in procedural legitimacy, then the infringement of constitutional rights of constituent actors (e.g. sports governing bodies) weighs comparatively less than the corresponding infringement of constitutional rights of mere participatory actors (e.g. individual athletes).
