Malawi · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in Malawi, and how to confirm it is still in force.
Sources of law, ranked
- Constitution
- Supreme law under section 5; inconsistent law is invalid.
- Acts of Parliament
- Primary legislation of the National Assembly.
- English common law and equity
- Received law as modified by statute.
- Customary law
- Recognised in family, succession and land matters.
- International law
- Section 11 requires courts to have regard to applicable international law when interpreting the constitution.
The legislative process
Bills pass three readings in the National Assembly with committee scrutiny and are presented for presidential assent, which must be given or withheld within 21 days. Constitutional amendments require a two-thirds majority, and amendments affecting entrenched provisions additionally require a referendum.
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