The executive shall be responsible for the initiation of policies and legislation and for the
implementation of all laws which embody the express wishes of the people of Malawi and which
promote the principles of this Constitution.
[Ch0000s8]8.
The separate status, function and duty of the legislature
11 of 2010The legislature shall be responsible for the enactment of laws and shall ensure that its
deliberations reflect the interests of all the people of Malawi and that the values expressed or implied in
this Constitution are furthered by the laws enacted.
[Ch0000s9]9.
The separate status, function and duty of the judiciary
The judiciary shall have the responsibility of interpreting, protecting and enforcing this
Constitution and all laws and in accordance with this Constitution in an independent and impartial
manner with regard only to legally relevant facts and the prescriptions of law.
CHAPTER II
APPLICATION AND INTERPRETATION
[Ch0000s10]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.
[Ch0000s11]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—
(a)
promote the values which underlie an open and democratic society;
(b)
take full account of the provisions of Chapter III and Chapter IV; 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.