| Constitution of Mongolia | |
|---|---|
 Original copy of the 1992 Constitution | |
| Overview | |
| Original title | Монгол Улсын Үндсэн хууль |
| Jurisdiction | Mongolia |
| Ratified | 13 January 1992 |
| Date effective | 12 February 1992 |
| System | Unitaryparliamentaryconstitutional republic |
| Government structure | |
| Branches | Three |
| Head of state | President |
| Chambers | Unicameral (State Great Khural) |
| Executive | Prime Minister led cabinet |
| Judiciary | Constitutional CourtSupreme Court |
| Federalism | No |
| Electoral college | No |
| History | |
| First legislature | 20 July 1992[1] |
| First executive | 6 June 1993 (President) 21 July 1992 (PM) |
| Amendments | 4 |
| Last amended | 31 May 2023 |
| Location | Ulaanbaatar |
| Commissioned by | People's Great Khural |
| Supersedes | Constitution of the Mongolian People's Republic |
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|---|
 Politics portal |
TheConstitution of Mongolia[a] was adopted on 13 January 1992, put into force on 12 February, with amendments made in 1999, 2000, 2019,[2] 2022, and 2023.[3] Theconstitution established arepresentative democracy inMongolia, enshrining core functions of the government, including theseparation of powers and election cycle, and guaranteeing human rights, includingfreedom of religion, travel, expression, and private property. The document was written after theMongolian Revolution of 1990, effectively dissolving theMongolian People's Republic and ending theone-party rule.
It consists of a preamble followed by six chapters divided into seventy articles.[4] It is heavily inspired byWesternliberal democracies, evident in its protection ofminority rights,freedom of expression and assembly, andmulti-party parliamentary system.
After the1921 Revolution that overthrew theBuddhisttheocratickhanate, the first codified constitution was introduced in 1924 with the creation of the Mongolian People's Republic.
A second constitution was adopted in June 1940 during the leadership of PremierKhorloogiin Choibalsan. The 1940 Constitution took the1936 Soviet Constitution as its model.[5]Elections were restricted—"enemies of the regime" could not vote—and indirect; lower bodies elected higher levels,[5] but constitutional amendments after 1944 changed the system.
In 1951, thepresidium of the MPR, theLittle Khural, was abolished and its functions were transferred to the existing State Great Khural, which was renamed to thePeople's Great Khural.[6]
In July 1960, a third constitution was adopted by the People's Great Khural.
In the aftermath of the1990 Democratic Revolution, a fourth constitution was ratified on 13 January 1992. It transitioned the country from asocialist party state to aunitaryparliamentarysovereign republic. The 1992 constitution dissolved the People's Great Khural (upper house) and theState Little Khural (lower house), restructured the legislative branch of government, and ultimately created a newunicameral legislature, theState Great Khural. The official name of Mongolia was changed from the Mongolian People's Republic to Mongolia. A newstate flag,emblem, andanthem were adopted.[7]
Chapter one declares the sovereignty and territorial integrity of the state, defines the relationship between religion and state, and defines theMongolian emblem,flag, andanthem.[8]
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-providedhealth care,education, andintellectual property. It also lists duties of the citizen, including paying taxes and serving in thearmed forces.[9] While chapter three defines the structure of the legal system, the form of the republic, and the structure of the government, chapter four codifies theadministrative districts of Mongolia and describes the relationship between national and local government.
Chapter five establishes aConstitutional Court to make rulings on the interpretation of the constitution, while chapter six describes the amendment process for changing it.[9]
In 2019, Mongolia amended its constitution, strengthening the powers of the prime minister in a bid to end years ofpolitical instability andeconomic stagnation.[2] With the amendments, the presidential term was also shortened to a single 6-year term.[10][11] The amendments in the constitution were supposed to enhance the economic opportunities of theMongolian citizenry and give them better control over how the country's vastnatural resources and the revenues earned from them are maintained. Furthermore, the amendments increased the independence of thejudiciary by stripping the president of his power to appoint judges in key posts and establishing parliamentary rather than executive oversight over judicial matters. The amendments featured vigorous participation of ordinary people as well as incumbent politicians.[12] Proportional representation as a system to elect lawmakers was rejected, though the constitutional changes guaranteed that election laws would not be changed a year before polls are held.[13]
In 2022, theConstitutional Court found that some of the articles that were amended in 2019 conflicted with other articles of the constitution.[14] The following amended paragraph in the constitutional provision of Article 39.1: "... The Prime Minister and no more than four members of the Government may hold concurrently the position of the Member of the State Great Khural." was invalidated by a constitutional amendment on August 25, 2022.[15]
On May 31, 2023, a constitutional amendment that increased the number of seats from 76 to 126 and changed the electoral system from amajoritarianplurality-at-large voting to amixed proportional system, where 78 members were to be elected by amultiple non-transferable vote in multi-member constituencies and 48 by aclosed listproportional representation.[16] The proportional party voting method, previously implemented in2012, was reintroduced.[17]
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