The Commission was of the view that the primary purpose of this section is to specify the source of authority to govern and, thus, to state that such authority derives from the people of Malawi as expressed through universal suffrage. The Commission observed that the marginal note to this section - "universal and equal suffrage" - does not adequately stress the aspect of the source of authority to govern. Thus the Commission recommends that the marginal note should more aptly read-

The Commission was of the view that the section does not express sufficiently the responsibility of the legislature in regard to its prime function, which is the enactment of legislation. Thus, using the form of words that establish the executive's responsibility in section 7 and the responsibility of the judiciary in section 9, the Commission recommends that the section should read-

The 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.

The Commission had extensive discussion about judicial independence. It agreed that judicial independence was fundamental to the successful operation of the Constitution and that it should be fostered and strengthened in whatever ways possible. It noted the way in which other human rights instruments, such as the European Convention (in its Article 10) made special provision maintaining the authority and impartiality of the judiciary. In particular, the Commission felt that it should be stressed that all organs of government should render the fullest respect to the decisions of the judiciary. To this end the Commission recommends that the following words be added to this section-