Differences between the Constitutions of 1960 and 1992

It is worth summarising the overall performance of the Mongolian politi­cal system under the 1992 Constitution. The system has allowed for genuine alternation in power, and competition over important political offices.^[393] The 1992 Constitution of Mongolia is fundamentally different from the previous Constitution.

First, the previous Constitution declared that the ultimate goal of social development was the establishment of socialism, and the new Constitution fundamentally trans­formed Mongolia into a humane civil democratic society and put Mongolia on the path of common human development.

Second, the old Constitution abolished the fundamental right of individuals to own property, which was the basis of Mongolia’s economic relations, and declared the centrally planned economic relations to be the sole socialist property of public owner­ship of the economic and industrial means of the established socialist system. The new constitution recognizes equal rights for all forms of public and private property, and legitimizes multi-sectoral market economic relations that are in line with global economic trends, taking into account the specifics of the country. It also restored the inalienable right of private property destroyed by the previous Constitution and ensured the inviolability of private property.

Third, the previous constitution defined the country’s social structure as a union of working class, cooperatives, and their intellectuals from a strict class position, but the new Constitution legitimized it with a broad humanitarian and democratic position for the equal rights of all human beings.

Fourth, the 1960 Constitution enshrined Marxism-Leninism as the only victorious ideology in Mongolia’s social, economic, and political structure.

Fifth, the previous Constitution legislated the political system of the Mongolian state under the leadership of only one party (Mongolian People’s Revolutionary Party) and did not recognize the activities of other political forces. The new constitution recognizes the equal right of many parties to exist and guarantees the right to freedom of expres­sion and the right to freedom of association.

Sixth, the previous Constitution concentrated state power in the Khural of People’s Deputies, which serves the leadership of the ruling party, and established a voluntary dictatorship of the ruling party in all spheres of social life. A democratic system with the rule of law based on the rule of law is based on the theory of the separation of powers.

Seventh, the old Constitution enacted a closed-door policy that limited the foreign policy of the Mongolian state to a limited group of people who were subject to the policies of the country that carried it within the socialist system. The new Constitution enacts an open foreign policy of the Mongolian state, which opens up a wide range of opportunities for Mongolia to participate in the global development relations on an equal footing.^[394]

All this has made the new Constitution of Mongolia the main legal basis and source for building a civil democratic society, honouring human beings at the centre of all policies and guaranteeing human rights and freedoms at the level of international law.

VI.