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, 2019[2] and 2023.[3] 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.
| Constitution of Mongolia | |
|---|---|
| Overview | |
| Original title | Монгол Улсын Үндсэн Хууль |
| Jurisdiction | Mongolia |
| Ratified | 13 January 1992 |
| Date effective | 12 February 1992 |
| System | Unitary semi-presidential constitutional republic |
| Government structure | |
| Branches | Three |
| Head of state | President |
| Chambers | Unicameral (State Great Khural) |
| Executive | Prime Minister led cabinet |
| Judiciary | Constitutional Court Supreme Court |
| Federalism | No |
| Electoral college | No |
| History | |
| First legislature | 20 July 1992[1] |
| First executive | 6 June 1993 (President) 21 July 1992 (PM) |
| Amendments | 3 |
| Last amended | 14 November 2019 |
| Location | Ulaanbaatar |
| Commissioned by | People's Great Khural |
| Supersedes | Constitution of the Mongolian People's Republic |
It consists of a preamble followed by six chapters divided into seventy articles.[4] 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
editThe 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
editChapter one declares the sovereignty and territorial integrity of the state, defines the relationship between religion and state, and defines Mongolian emblem, flag and anthem.[5] 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.[6] 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.[6]
Amendments
editAmendments of 2019
editIn 2019, Mongolia 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 was also shortened to a single 6-year term.[7][8] 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.[9] 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.[10]
Amendments of 2022
editIn 2022, lawmakers started to discuss a potential revision of the constitution to strengthen democracy while touting the virtues of the Westminster system.[11]
Amendments of 2023
editOn May 31, 2023, a constitutional amendment that increased the number of seats from 76 to 126 and changed the electoral system to reintroducing proportional party voting was introduced.[12]
See also
editReferences
edit- ^ "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.
- ^ a b "Mongolia amends constitution in bid to end political instability". Reuters. 16 November 2019. Retrieved 13 January 2020.
- ^ Adiya, Amar (25 July 2023). "How is Mongolia Addressing Concerns Over Foreign Meddling in Elections?". Mongolia Weekly. Retrieved 5 July 2024.
- ^ Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 38
- ^ Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 38-39
- ^ a b Montsame News Agency. Mongolia. 2006, ISBN 99929-0-627-8, p. 39
- ^ "Preserving the political status quo in Mongolia". East Asia Forum. 10 January 2020. Retrieved 13 January 2020.
- ^ "Welcome to President Battulga's rule in 2020s". Mongolia Weekly. 5 January 2020. Retrieved 13 January 2020.
- ^ "Mongolia's long,participatory route to constitutional reforms".
- ^ "Mongolia amends constitution in bid to amend political instability". Reuters.
- ^ Adiya, Amar (30 June 2022). "Mongolia Looks Into New Parliamentary System". Mongolia Weekly. Retrieved 1 July 2022.
- ^ "Concerns Over Foreign Meddling Rise in Mongolia's Elections". Mongolia Weekly. 25 July 2023. Retrieved 25 July 2023.
Further reading
edit- S. Narangerel, Legal System of Mongolia, Interpress, 2004