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The Constitution of Mongolia

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Constitution of Mongolia
The Constitution consists of a preamble and 70 articles. It is divided into 6 chapters.
The Constitution proclaimed in the preamble the tenets of securing the independence and sovereignty of the state, cherishing human rights, freedom, justice, inheriting the traditions of national statehood, history and culture, showing respect for the accomplishments of human civilisation, and development of human, civil and democratic society as its supreme objective.


Chapter one declares the independence and sovereignty of the State, the fundamental principles of the activities of the State, the form of state structure, territorial integrity, universal trends and features of Mongolian economic development, all forms of public and private property and the inviolability of the frontiers of the country. It also defines the relationship between state and religion and encompasses the principles of adherence to international law, the policy on ensuring the country's defence and national security. In this chapter the State Emblem, Standard, Flag and Anthem are formalised and other issues guaranteeing the sovereignty of the State and basic principles of foreign relations and foreign policy are defined.

Chapter two provides for individual civil, political and social rights that have become the norm in democratic countries. They include equality before the law, personal liberty, freedom of movement, freedom of religion, freedom of expression, and the right to participate in political process such as the right to vote and hold public office. In addition, the State has to guarantee various social rights ranging from the right to education to the right to seek and receive information. The Constitution makes it clear that all citizens have basic duties, namely, the duty to pay tax, the duty to bring up and educate children, protect na-ture and the environment, defend the motherland and serve in the army according to the law.


Chapter three lays out the structure, system and legal basis of the activities of the legislative, the executive and the judicial organs, and democratic principles on the separation of state powers. From the provisions of this chapter it can be seen that Mongolia is a democratic parliamentary republic. The chapter is divided into four sub chapters: The State Great Khural, The President, The Government and The Judiciary.


Chapter four codifies the administrative and territorial units of Mongolia, and the implementation of civil representing-governing and local self-governing orders.


Chapter five lays out the principles for establishing the Constitutional Court, which is the organ exercising supreme supervision over the implementation of the Constitution. It hands down conclusions on the violation of its provisions and resolving constitutional disputes are outlined including its structure and procedures.


Chapter six outlines how to amend the Constitution of Mongolia and how to subordinate other laws of the Constitution.
Compared to the constitutions adopted in 1924, 1940 and 1960 the new Constitution of Mongolia is a Basic Law with true democratic character, defined not only by its content and structure but also by the people's aspirations and opinions that are reflected in it.

 

 

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