 Judicial review  Provision of independent institutions that support democracy. The table below tracks where and how far the above stated elements of constitutionalism are captured in the COPAC draft constitution. Element of Constitutionalism Where the element is captured Remarks in the draft constitution The constitution must declare itself to be the supreme law of the land unto which every other law and conduct must be consistent. Section 2 declares the supremacy of the constitution as well as imposing an obligation on all persons and state institutions to respect and fulfill the constitutional obligations This satisfies the cardinal requirement of constitutionalism that every person is below the constitution and all other laws and conduct must be consistent with the constitution. The constitution must entrench the democratic fundamental values of the nation to protect them from malicious amendments by the government of the day. Section 18.11 sets out a complex procedure which must be followed when amending the constitution and even stricter procedures when amending the bill of rights. This offers adequate protection to the fundamental values enshrined in this constitution and it is in keeping with regional and international best practices. Respect for fundamental rights  Chapter 4 of the constitution provides for civil and political rights as well as social and economic rights that are justiciable, constitutionally entrenched (through section 18.11 (6). See the section on Fundamental rights to get an in-depth analysis of the bill of rights. Comprehensive fundamental rights are therefore introduced and entrenched as part of the national values of Zimbabwe; which the court must give prominence to when interpreting the constitution.  Section 3.1 (c) recognizes fundamental human rights and freedoms as part of the founding values and principles of Zimbabwe.  Section 3.1 (b) recognizes This lays a good foundation for rule of law as part of the the promotion of rule of law. The Observance of rule of law 20