In line with a number of newly adopted Commonwealth constitutions, the new Republican Constitution of Malawi 1995 breaks with the past in the manner in which many questions of international law are now governed by constitutional provisions. Under the previous Constitution of 1966 the status of international law in Malawi had been a moot question, further compounded by the debate surrounding the interpretation and application of certain provisions of Section 2 providing for the ‘Fundamental Principles of Government’, notably Section 2(1)(iii). The 1995 Constitution specifically deals with the relationship between international law and Malawi law. Section 211 deals with the conclusion of treaties in general, the status of existing treaties, the relationship between international treaties and municipal law, and the application of international customary law. The 1995 Constitution also incorporates a number of provisions which are ‘international-law-friendly’. In this respect, a judicial atmosphere to influence the courts in their general approach towards the incorporated international law and to draw reference to comparative international rules is created, thereby furthering the advancement of democratic principles, human rights and the rule of law in Malawi. Notes, ref.
