Mongolia’s Constitution
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The current Constitution of Mongolia was adopted on 13 January 1992, put into force on 12 February, with amendments made in 1999, 2000, 2019 and 2023. The
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
established a
representative democracy Representative democracy, also known as indirect democracy or electoral democracy, is a type of democracy where elected delegates represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies func ...
in
Mongolia Mongolia is a landlocked country in East Asia, bordered by Russia to the north and China to the south and southeast. It covers an area of , with a population of 3.5 million, making it the world's List of countries and dependencies by po ...
, enshrining core functions of the government, including the
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
and election cycle, and guaranteeing human rights including
freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
, travel, expression, private property. The document was written after the
Mongolian Revolution of 1990 The Mongolian Revolution of 1990, known in Mongolia as the 1990 Democratic Revolution (), was a peaceful democratic revolution which led to the country's transition to a multi-party system. It was inspired by the economic reforms of the Sov ...
, effectively dissolving the
Mongolian People's Republic The Mongolian People's Republic (MPR) was a socialist state that existed from 1924 to 1992, located in the historical region of Outer Mongolia. Its independence was officially recognized by the Nationalist government of Republic of China (1912†...
. It consists of a preamble followed by six chapters divided into seventy articles. It is heavily inspired by
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
liberal democracies, evident in its protection of minority rights, freedom of expression and assembly and multi-party parliamentary system.


Constitutional history

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.


Contents

Chapter one declares the sovereignty and territorial integrity of the state, defines the relationship between religion and state, and defines Mongolian emblem, flag and anthem. Chapter two specifies the civil, political and inalienable rights of the individual: freedom of speech, of religion, of expression, of the press, the right to vote, equality before the law, the right to government-provided health care, education and intellectual property. It also lists duties of the citizen, including paying taxes and serving in the armed forces.Montsame News Agency. ''Mongolia''. 2006, , p. 39 While chapter three defines the structure of the legal system, the form of the republic, and the structure of the government, chapter four codifies the administrative districts of Mongolia and describes the relationship between national and local government. Chapter five establishes a Constitutional Court to make rulings on the interpretation of the constitution, while chapter six describes the amendment process for changing it.


Amendments


Amendments of 2019

In 2019, Mongolia amended its constitution strengthening the powers of the prime minister in a bid to end years of political instability and economic stagnation. With the amendments, presidential term was also shortened to a single 6-year term. The amendments in the constitution were 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. 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.


Amendments of 2022

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


Amendments of 2023

On May 31, 2023, a constitutional amendment that increased the number of seats from 76 to 126 and changed the electoral system. Proportional party voting was reintroduced.


See also

*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
*
Politics of Mongolia The politics of Mongolia takes place in a framework of a parliamentary system with a multi-party representative democracy. While some sources have incorrectly described Mongolia as a semi-presidential system, its 1992 Constitution clearly defin ...
*
State Great Khural The State Great Khural is the unicameral parliament of Mongolia,Montsame News Agency. ''Mongolia''. 2006, Foreign Service office of Montsame News Agency, , p. 40 located in the Government Palace in the capital Ulaanbaatar. History 191 ...
*
President of Mongolia The president of Mongolia is the executive head of state of Mongolia.Montsame NW Agency. ''Mongolina''. 2006, , p. 42 The current president is Ukhnaagiin Khürelsükh. Political parties with representation in the State Great Khural nominate ...
*
Prime Minister of Mongolia The prime minister of Mongolia () is the head of the government of Mongolia. The prime minister is appointed by the Mongolian parliament or the State Great Khural, and can be removed by the parliament with a vote of no confidence. The incumbe ...


Notes


References


Further reading

* S. Narangerel, ''Legal System of Mongolia'', Interpress, 2004


External links

*
Mongolia's Constitution of 1992 with Amendments through 2001


{{Constitutions of Asia Government of Mongolia Law of Mongolia
Mongolia Mongolia is a landlocked country in East Asia, bordered by Russia to the north and China to the south and southeast. It covers an area of , with a population of 3.5 million, making it the world's List of countries and dependencies by po ...