The Theory, Praxis and Pursuit of Constitutionalism in Democratic Malawi

This book argues for the use of Old Testament ethical principles
in entrenching constitutionalism in democratic Malawi. This posture is
against the background of the already existing sections 12 and 13 of
Malawi’s Constitution which have moral underpinnings. Using the theories
of Divine Command and Deontology, the study discusses ten critical Old
Testament ethical principles and elucidate why and how they can be used
to entrench constitutionalism in Malawi. The study demonstrates that the
giving of the law to Israel was God’s model for (codified) national
constitutions, aiming at envisioning and entrenching constitutionalism
through the principle of justice which apparently, is the heartbeat of
the Old Testament ethics and morality. Therefore, to some extent,
constitutionalism in Malawi can be entrenched by pursuing justice and
protecting its integrity. Very relevant is the study’s emphasis that the
Decalogue is a Magna Carta for human rights and freedoms. Pertinent
also is the scriptural analysis which shows that the threefold nature of
government is intrinsically theological as the study’s findings
demonstrate. These Old Testament study findings show that no one, not
even the president, is above the law—thus demonstrating limited
governmental powers, separation of powers, accountability, respect for
human rights, and rule of law where everyone is under the law and
correctable by it. The study’s original contribution is in its
demonstration that Old Testament ethical principles are the foundation
of constitutionalism by showing the theological basis of
constitutionalism’s tenets of limited government, separation of powers,
rule of law, human rights, and accountability. Consequently, the
original contribution of this study to the academia is its blending of
theological and jurisprudential discourse on good governance based on
Old Testament ethical principles and moral values in entrenching
constitutionalism in Malawi.