Constitution_of_Mongolia

Constitution of Mongolia

Constitution of Mongolia

National constitution of Mongolia

The current Constitution of Mongolia (Mongolian: Монгол Улсын Үндсэн Хууль, romanized: Mongol Ulsyn Ündsen Khuuli, lit. 'Fundamental Law of Mongolia') was adopted on 13 January 1992, put into force on 12 February, with amendments made in 1999, 2000 and 2019.[2] The constitution established a representative democracy in Mongolia, enshrining core functions of the government, including the separation of powers and election cycle, and guaranteeing human rights including freedom of religion, travel, expression, private property. The document was written after the Mongolian Revolution of 1990, effectively dissolving the Mongolian People's Republic.

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It consists of a preamble followed by six chapters divided into seventy articles.[3] It is heavily inspired by Western liberal democracies, evident in its protection of minority rights, freedom of expression and assembly and multi-party parliamentary system.

Constitutional history

Main article: Constitutions of the Mongolian People's Republic

The first codified constitution was introduced in 1924 with the creation of the People's Republic of Mongolia, with revision made in 1940 and in 1960.

Chapters

Chapter One

Declares the sovereignty and territorial integrity of the state. Defines relationship between religion and state. Defines Mongolian emblem, flag and anthem.[4]

Chapter Two

Specifies the civil, political and inalienable rights of the individual: freedom of speech, of religion, of expression, of the press and the right to vote. Equality before the law. The right to government-provided health care, education and intellectual property. Lists duties of the citizen, including paying taxes and serving in the armed forces.[5]

Chapter Three

Defines the structure of the legal system and form of the republic. Describes the structure of the government.

Chapter Four

Codifies the administrative districts of Mongolia and describes the relationship between national and local government.[5]

Chapter Five

Establishes a Constitutional Court to make rulings on interpretation of the constitution.[5]

Chapter Six

Describes the amendment process for changing the constitution.[5]

2019 Constitutional amendments

Mongolia has amended its constitution strengthening the powers of the prime minister in a bid to end years of political instability and economic stagnation.[2] With the amendments, presidential term has also been shortened to single 6-year term.[6][7]

The amendments in the constitution are supposed to enhance the economic opportunities of the Mongolian citizenry and give them better control over how the country's vast natural resources and the revenues earned from them are maintained. Furthermore, the amendments increased the independence of the judiciary by stripping the president of his power to appoint judges in key posts, and establish parliamentary rather than executive oversight over judicial matters. The amendments featured vigorous participation of ordinary people as well as incumbent politicians.[8] Proportional representation as a system to elect lawmakers were rejected, though the constitutional changes guaranteed that election laws are not changed a year before polls are held.[9]

In 2022, lawmakers started to discuss a potential revision of the constitution to strengthen democracy while touting the virtues of the Westminster system.[10]

On May 31, 2023, Mongolia’s parliament approved a constitutional amendment that increased the number of seats from 76 to 126 and changed the electoral system re-introducing proportional party voting.[11]

See also

References

  1. [1]
    "Өнөөдөр-Монгол Улсын Их Хурал үйл ажиллагаагаа эхэлсэн өдөр тохиож байна | Мэдээллийн дэлгэрэнгүй | Parliament". Archived from the original on 23 August 2017. Retrieved 21 May 2020.
  2. [2]
    "Mongolia amends constitution in bid to end political instability". Reuters. 16 November 2019. Retrieved 13 January 2020.
  3. [3]
    Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 38
  4. [4]
    Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 38-39
  5. [5]
    Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 39
  6. [6]
    "Preserving the political status quo in Mongolia". East Asia Forum. 10 January 2020. Retrieved 13 January 2020.
  7. [7]
    "Welcome to President Battulga's rule in 2020s". Mongolia Weekly. 5 January 2020. Retrieved 13 January 2020.
  8. [8]
    "Mongolia's long,participatory route to constitutional reforms".
  9. [9]
    "Mongolia amends constitution in bid to amend political instability". Reuters.
  10. [10]
    Adiya, Amar (30 June 2022). "Mongolia Looks Into New Parliamentary System". Mongolia Weekly. Retrieved 1 July 2022.
  11. [11]
    "Concerns Over Foreign Meddling Rise in Mongolia's Elections". Mongolia Weekly. 25 July 2023. Retrieved 25 July 2023.

Further reading

  • S. Narangerel, Legal System of Mongolia, Interpress, 2004
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