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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.
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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)

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)

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—
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c. where applicable, have regard to current norms of public international law and comparable foreign case law.
… (Sec. 11)

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)

1. Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right—
a. to be accorded the same rights as men in civil law, including equal capacity—
i. to enter into contracts;
ii. to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
iii. to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
iv. to acquire and retain citizenship and nationality.
b. on the dissolution of marriage, howsoever entered into—
i. to a fair disposition of property that is held jointly with a husband; and
ii. to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
a. sexual abuse, harassment and violence;
b. discrimination in work, business and public affairs; and
c. deprivation of property, including property obtained by inheritance. (Sec. 24)

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;
b. to review and make recommendations regarding any matter pertaining to this Constitution;
c. to receive any submissions from any person or body regarding the laws of Malawi or this Constitution; and
d. to report its findings and recommendations to the Minister for the time being responsible for Justice who shall publish any such report and lay it before Parliament. (Sec. 135)

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2. The High Court shall have original jurisdiction to review any law, and any action or decision of the Government, for conformity with this Constitution, save as otherwise provided by this Constitution and shall have such other jurisdiction and powers as may be conferred on it by this Constitution or any other law. (Sec. 108)

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 IV²; 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)

1. This Constitution is founded upon the following underlying principles—
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d. the inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote;
… (Sec. 12)

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2. Notwithstanding subsection (1), Parliament shall not have the power to delegate any legislative powers which would substantially and significantly affect the fundamental rights and freedoms recognized by this Constitution. (Sec. 58)