Abstract

This report sheds light on the history, process and content of the fundamental reform of the Mongolian Constitution, a remarkably genuine piece of legislation carved out after the peaceful revolution of 1990 having undergone now a fundamental overhaul for the first time. Leaving behind decades of Soviet-influenced structures, the constitutional text of 1992 had succeeded in gaining a high level of trust for a democratically structured Mongolia. However, during almost three decades in operation, weaknesses had become evident. These included, in particular, the governments' lack of stability and of its capacity to act as well as a significant loss of prestige for the other central pillars of the state system. This mainly concerned the Parliament and its Members, but also to a very large extent the President of the Republic and the judiciary. Key issues in the discourse also included the participation of the population in the income from the country's resource wealth and the protection of its natural resources, as well as the weak structures at the municipal level. These fields were then also the subject of a strongly participatory reform process. The constitutional amendments reflect the underlying pressure to act. Thus, the new provisions strengthen the government's capacity to act, the independence of the judiciary as well as local self-government, while the dominant position of Parliament is being reduced and also the President of the Republic is losing essential powers. A full translation of the amendments into German is attached as an appendix.

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