Constitution of the Republic of Malawi 1994, as amended to 2020
Status of International Law
  • English
    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—

    c. where applicable, have regard to current norms of public international law and comparable foreign case law.
    … (Sec. 11)
Status of International Law
  • English
    1. No restrictions or limitations may be placed on the exercise of any rights and freedoms provided for in this Constitution other than those prescribed by law, which are reasonable, recognized by international human rights standards and necessary in an open and democratic society.
    … (Sec. 44)
Status of International Law
  • English
    1. No derogation from rights contained in this Chapter10 shall be permissible save to the extent provided for by this section and no such derogation shall be made unless there has been a declaration of a state of emergency within the meaning of this section.
    2. There shall be no derogation with regard to—
    a. the right to life;
    b. the prohibition of torture and cruel, inhuman or degrading treatment or punishment;
    c. the prohibition of genocide;
    d. the prohibition of slavery, the slave trade and slave-like practices;
    e. the prohibition of imprisonment for failure to meet contractual obligations;
    f. the prohibition on retrospective criminalization and the retrospective imposition of greater penalties for criminal acts;
    g. the right to equality and recognition before the law;
    h. the right to freedom of conscience, belief, thought and religion and to academic freedom; or
    i. the right to habeas corpus.

    4. Derogation from the rights contained in this Chapter, other than the rights listed in subsection (2), shall be permissible during a state of emergency within the meaning of this section and to the extent that—
    a. such derogation is consistent with the obligations of Malawi under international law;
    … (Sec. 45)
Status of International Law
  • English
    The Law Commission shall have the powers—
    a. to review and make recommendations regarding any matter pertaining to the laws of Malawi and their conformity with this Constitution and applicable international law;
    … (Sec. 135)
Status of International Law
  • English
    1. Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by an Act of Parliament.
    2. Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament.
    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
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.