Constitution of the Republic of Malawi 1994, as amended to 2020
Status of the Constitution
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    This Constitution shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples of Malawi are entitled to the equal protection of this Constitution, and laws made under it. (Sec. 4)
Status of the Constitution
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    Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid. (Sec. 5)
Status of the Constitution
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    1. In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
    2. In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution. (Sec. 10)
Status of the Constitution
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    1. Appropriate principles of interpretation of this Constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this Constitution.
    2. In interpreting the provisions of this Constitution a court of law shall—
    a. promote the values which underlie an open and democratic society;
    b. take full account of the provisions of Chapter III and Chapter IV9; and
    c. where applicable, have regard to current norms of public international law and comparable foreign case law.
    3. Where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this Constitution.
    4. Any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid. (Sec. 11)
Status of the Constitution
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    1. This Constitution is founded upon the following underlying principles—

    f. all institutions and persons shall observe and uphold this Constitution and the rule of law and no institution or person shall stand above the law.
    … (Sec. 12)
Status of the Constitution
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    1. The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.
    … (Sec. 88)
Status of the Constitution
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    This Constitution shall have the status as supreme law and there shall be no legal or political authority save as is provided by or under this Constitution. (Sec. 199)
Status of the Constitution
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    Except in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
    Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)
Status of the Constitution
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    3. Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic. (Sec. 211)
Links to all sites last visited 8 November 2023
2
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
3
Chapter IV on Human Rights.
4
Chapter IV on Human Rights.
5
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
6
Chapter IV on Human Rights.
7
Chapter IV on Human Rights.
8
Chapter IV on Human Rights.
9
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
10
Chapter IV on Human Rights.