Malawi 1994 Constitution (reviewed 2017)

Table of Contents


10. Application of this Constitution

  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.

11. Interpretation

  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—
    1. promote the values which underlie an open and democratic society;
    2. take full account of the provisions of Chapter III and Chapter IV; and
    3. 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.