Making Unjust Law: The Parliament of Uganda and the Anti-Homosexuality Act 2014

• Paul Johnston ^[1]
  1. [1] University of York

     University of York

     Reino Unido

     
• Localización: Parliamentary affairs: A journal of representative politics, ISSN 0031-2290, Vol. 68, Nº 4, 2015, págs. 709-736
• Idioma: inglés
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• Resumen

  • This article provides a critical analysis of the Anti-Homosexuality Act (AHA) 2014 and the process by which it was enacted by the Parliament of Uganda. Drawing on Hansard (the Official Report), as well as other parliamentary documents, I examine how the legislation was shaped and formed during its parliamentary passage. I argue that, as a result of flawed scrutiny and insufficient debate, as well as procedural irregularities, Parliament enacted a statute that is not only unjust but also often ambiguous, incoherent or redundant in the context of Ugandan law. I conclude by suggesting that close scrutiny of the parliamentary process can provide a means of questioning and challenging the legitimacy of the legislation and the Parliament that made it. This is important in light of the nullification of the AHA 2014 by the Constitutional Court of Uganda and the strong potential for parliamentary supporters of the legislation to seek to revive or re-enact it in the future.