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Kabumba/Application of African Union (human rights) law in Uganda
in position to shed light upon the reasons for leaning more strongly
upon certain legal orders than others in the adjudication of the matters
arising before them. It would also be interesting, and important, to
replicate the assessment undertaken in this article in the context of
other domestic systems in Africa, to obtain a fuller picture of the trends
in this regard. This panoramic view of the trends of judicial reception of
AU law within the member states of the Union – especially if
accompanied by a comparative review in the style undertaken in this
article – might also provide important insights into some of the issues
under-explored in this very preliminary study.
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CONCLUSION
This paper has analysed emerging trends in the reception of AU law in
the Ugandan judicial system, with the courts’ reference to EU law and
African REC law being used as comparators.
While AU law has had some impact in the jurisprudence of
Ugandan courts, this has almost exclusively been in the area of human
rights law, and even then, in a limited sense, tending towards mere
citation of certain treaties and decisions as opposed to a more robust
engagement with those authorities. On the other hand, EAC law and,
surprisingly, EU law seem to have had a disproportionately significant
influence upon the case law of Ugandan courts, not just in the areas of
constitutional and human rights law, but also in the fields of more
general commercial and civil litigation.
The trends identified in this preliminary enquiry call for more
detailed research, especially in two directions: i) identifying the trends
in other African countries, as a means of obtaining a more general
picture of the jurisprudential impact of AU law; and ii) exploring the
reasons for the (under)performance of AU law relative to other legal
orders in terms of its reception in the case law of domestic courts.
The AU has a significant – and positive – role to play in terms of
encouraging the development of a more progressive normative order
on the continent. For this to happen, however, more work has to be
undertaken, in terms of scholarship, activism and at the political and
strategic levels. To this end, it is my hope that more scholars, especially
those based on the continent, might be persuaded to engage in the
critical work required in this regard, including through taking forward
the analysis initiated in this exploratory study.