CHAPTER III
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FUNDAMENTAL PRINCIPLES
[Ch0000s12]12. Constitutional principles
11 of 2010(1) This Constitution is founded upon the following underlying principles—
(a)
all legal and political authority of the State derives from the people of Malawi and shall
be exercised in accordance with this Constitution solely to serve and protect their interests;
(b)
all persons responsible for the exercise of powers of State do so on trust and shall only
exercise such power to the extent of their lawful authority and in accordance with their responsibilities
to the people of Malawi;
(c)
the authority to exercise power of State is conditional upon the sustained trust of the
people of Malawi and that trust can only be maintained through open, accountable and transparent
Government and informed democratic choice;
11 of 2010(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;
(e)
as all persons have equal status before the law, the only justifiable limitations to lawful
rights are those necessary to ensure peaceful human interaction in an open and democratic society; and
11 of 2010(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.
11 of 2010(2) Every individual shall have duties towards other individuals, his or her family and
society, the State and other legally recognized communities and the international community and these
duties shall include the duty to respect his or her fellow beings without discrimination and to maintain
relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance; and in
recognition of these duties, individual rights and freedoms shall be exercised with due regard for the
rights of others, collective security, morality and the common interest.
[Ch0000s13]13. Principles of national policy
11 of 2010The State shall actively promote the welfare and development of the people of
Malawi by progressively adopting and implementing policies and legislation aimed at achieving the
following goals—
(a)
Gender Equality
11 of 2010To obtain gender equality through—