New Constitution of Mongolia established a representative democracy after revolution from Socialist society to Democratic society which was adopted on January 13, 1992 and amended in 1999 and 2001. Under the last amendment on the Constitution, the new paragraphs are added on following articles of sovereignty, human rights and freedoms, structure of state including State Great Khural, Government, Judiciary, Municipal governing body, Constitutional court and amendments of Constitution are included it. This Constitution was approved to protect the better human rights than previous constitutions which had been adopted in 1924, 1940 and 1960.
The State Great Khural of Mongolia passed amendments on the Constitution on November 14, 2019. This amendment shall be effective starting from July 01, 2020 or after the State Great Khural (Parliamentary) election.
In brief, the amendments of the Constitution additionally introduced several new articles more than changed or modified previous articles as follows;
- Sovereignty & the human rights and freedoms;
- State Great Khural (Parliament)
- Executive Branch;
- Local governance.
2. Amendments of Constitution
|1. Main changes in the Sovereignty in the Chapter One|
|Article 6 (amended)||6.2 The land, except for the property owned by the citizens of Mongolia, subsoil, its wealth, forests, water resources, and wildlife shall be state public property.|
|2. Main changes in the Human rights and freedoms in the Chapter Two|
|Article 19 (new)||19.1 The political party that united by at least one percent of Mongolian citizen who are entitled to vote in the election shall be established in according with Article 16.101 of the Constitution and conduct national policy.|
|3. Main changes in the State Great Khural (Parliament) in the Chapter Three|
|Article 21 (amended)||21.4 The election procedure of the State Great Khural
(Hereinafter "Parliament") shall be determined by
It is prohibited to approve and amend the Law of Mongolia on election within one year prior to the regular election of the Parliament.
|Article 22||22.2 The Parliament may decide to dissolve itself by at least
two-thirds of the members of the Parliament if at least two-thirds
of its members consider that the Parliament is unable to carry out
its mandate, or if the President in consent with the Speaker of the
Parliament proposes to do so for the same reason hereinabove.
22.3 If the President is not able to discuss and decide the proposal for appointing the Prime Minister of Mongolia within forty-five days, after its submission to the Parliament in accordance with Article 39.8 of the Constitution or the resignation of the Prime Minister in accordance with Article 43.1 of the Constitution or within thirty days after resignation of the Prime Minister, the President shall decide to dissolve the Parliament.(new)
22.4 The Parliament shall announce the election within ten days after the above decision and the election shall be conducted within sixty days upon announcement. The Parliament shall retain its power until newly elected member is sworn. (new)
|Article 25 (amended)||25.1.7 The Parliament entitle to approve state finance, loans, taxes, monetary policy, state economic and social development policies, operational programs of the Government was developed as national security policy, state budget and its report of performance|
|Article 26 (amended)||26.1 The President, Members of the Parliament, and the Government shall exercise the right to initiate legislation. The scope and limits of the right to initiate legislation shall be determined by law.|
|Article 27||27.6 Sessions of the Parliament and sittings of its Standing
Committees shall be considered valid with the presence of a
majority of its Members, and the issues shall be decided by a
majority vote of the Members present in such sittings unless
otherwise provided by the Constitution. (amended)
27.7 The Members of Parliament shall resolve issues by openly voting. A secret ballot shall be held if it's supported by a majority voting of the members of the Parliament or specified in the Constitution and other laws. (new)
|4. Main changes in President in the Chapter Three|
|Article 30 (amended)||30.2 An indigenous citizen of Mongolia, who has attained the age of fifty years and has permanently resided in his / her motherland for at least five years, shall be elected as the President only once for a term of six years.|
|5. Main changes in Executive branch (Government) in the Chapter Three|
|Article 39 (amended)||39.1 The Government shall be comprised of the Prime Minister
and Members of the Government. The Prime minister and up 4 members
of the Government may hold concurrently position of member of the
39.3 The Prime Minister of Mongolia shall, in concurrence with the President, submit drafted law on the structure and composition of the Government to the Parliament. If the Prime Minister is not able to reach a consensus on this issue with the President within a week, then Prime Minister shall submit it to the Parliament.
39.4 Government members shall be appointed, dismissed and resigned by Prime Minister upon introduced to Parliament and President. Government members shall swear to the Parliament.
|Article 43 (amended)||43.1 In case of not less than a quarter of Members of the
Parliament shall make a formal proposal to resign the Prime
Minister, the Government shall discuss it in three days and decide
it within ten days. Resolution of the Parliament related to
resignation the Prime Minister shall be deemed to approve if a
majority of the Members of the Parliament support the
43.2 The Government shall resign in its entirety, if the Prime Minister has resigned.
|Article 44 (amended)||44.1 If the Prime Minister introduces a draft resolution to be
entrusted to him on specific issues of the state budget and policy,
the Parliament shall discuss it in three days and resolve it within
ten days by a majority vote of the Members of the Parliament.
44.2 If the Parliament passed the resolution, it shall be deemed that the Parliament entrusted to the Prime minister and to support it. If the resolution is not adopted, the Prime Minister shall consider resigning and the new Prime Minister shall be appointed within thirty days.
|6. Main changes in Judiciary system (Court) in the Chapter Three|
|Article 48 (amended)||48.1 The judicial system shall consist of the Supreme Court, the aimag and the capital city courts, soum (county) or inter-soum (inter-county), and district courts and the court may be established by circumferential principal. The specialized courts, such as criminal, civil and administrative by task types of the administration of justice, may be established. The activities and decisions of these specialized courts shall not but be under oversight by the Supreme Court.|
|Article 49||49.5 Five members of the Judicial General Council (hereinafter
"Council") shall be selected from among the judges and
openly nominate the other five members. They shall work once for
four years and a Chairman of the Council shall be elected from
among of the members of the Judicial General Council. Report on
Council activities in connection with ensuring the independence of
judge shall be presented to the Supreme Court. Organization of
Council, operational regulation, the requirement for its 4 members
and the rules of appointment shall be determined by law.
49.6 The Disciplinary Committee of the Court has the following duties such as suspending from the position of judge, dismissing a judge and imposing other disciplinary sanctions under the procedure and the grounds specified in the law and its power, organization, operational procedures, requirements for members and appointment procedure shall be adopted by law. (new)
|7. Main changes in local governance system in the Chapter Four|
|Article 57 (amended)||57.2 The legal status of town with national and local rank in the administrative and territorial unit as well as own governance and organization of soum(village) shall be prescribed by law.|
|Article 59 (amended)||59.2 Local self-governing organs in aimag, capital city, soum and district shall be the Khural of Citizen Representatives (Local assembly) in their respective territory, the General Khural of Citizens (Local meeting) in bag and horoo.|
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