Will the Constitution be amended again?

— Proscribing ‘double deel’ violates Structure, Constitutional Court docket concludes —

On August 15, the Constitutional Court docket reviewed a dispute concerning some provisions within the modification to the Structure of Mongolia. Particularly, lawyer D.Uurtsaikh and parliamentarian T.Dorjkhand appealed to the Constitutional Court docket to alter the electoral system in view that Article 39.1 of the amended Structure and Article 4.4.3 of the Regulation on Parliamentary Elections of Mongolia on electing 76 members of Parliament from multi-member constituencies contradicts the fundamental rules, concepts and particular provisions of the Structure. Lawmakers N.Ganibal and Sh.Adishaa additionally addressed the courtroom on the identical difficulty. 

The constitutional modification of 2019 permits as much as 4 members of Parliament to take a seat in Cupboard. Extra particularly, Article 39.1 of the Structure stipulates that the prime minister and not more than 4 members of Cupboard might concurrently maintain positions as members of Parliament.

It must be famous that the choice of the Constitutional Court docket is closing. Due to this fact, its choice attracted plenty of consideration from the residents. In particular, the dispute about whether or not some amendments to the Structure violated the related provisions of the Structure was reviewed once more in accordance with Article 30 of the Regulation on Constitutional Court docket Process. The courtroom dominated that the above provision is opposite to the fundamental ideas of the Structure and doesn’t adjust to the Preamble and Articles 1, 2, 29 and 70.1 of the Structure of Mongolia. Due to this fact, it issued Decision No. 02 to cancel it.

On prime of that, earlier choices of the Constitutional Court docket, which reviewed the amendments to the Structure of Mongolia, have been annulled.

To begin with, as a consequence of this choice, it is obvious that Parliament will convene and amend the Structure once more in the close to future. Particularly, this time, some lawmakers are speaking about amending the Structure to extend the variety of members of Parliament to at the least 120. They are saying that the restriction on “double deel” (holding twin posts in Cupboard and Parliament) must be eliminated.

Lawyer D.Uurtsaikh stated, “The constitutional modification offers the prime minister the correct to nominate and dismiss ministers. Nonetheless, the present actions of Parliament and the authorities present that the prime minister has not been given full authority. The work of ministers, who’re not lawmakers, will not be supported. For occasion, ministers with out a ‘double deel’ have little alternative to elucidate their issues to Parliament and get assist, so the coordination between the actions of Parliament and the authorities is proscribed. If this hyperlink is improved and a Parliament with a steady majority that helps the federal government’s insurance policies is shaped, the standard of its actions will probably be improved. As a outcome, events’ inner accountability and self-discipline will enhance and so they will begin speaking about long-term insurance policies. From a person researcher’s viewpoint, the distinction between the federal government and legislature should be very clear. Due to this fact, the legislature was of the opinion that no member of Cupboard ought to have a ‘double deel’. Nonetheless, this must be reconsidered because the prime minister continues to face parliamentary stress.”

“The modification contradicts sure provisions of the Structure. The availability to have solely 4 ministers with ‘double deel’ undermines the fundamental concept of the 1992 Structure. Due to this fact, we appealed to the Constitutional Court docket that every one Cupboard members ought to have the chance to have twin posts. Consequently, the Structure must be amended to strengthen parliamentary democracy, relying on how the courtroom decides. Though some progress has been made below the modification, its groundwork has not been laid. That is why we’re nonetheless in disaster as we speak. The variety of parliamentarians must be elevated whether it is doable for a lawmaker to function a minister. In accordance with political analysts, the Mongolian Parliament ought to have 140 to 150 members. Parliamentary democracy will probably be intensified provided that Parliament has at least120 members. On this case, the ‘double deel’ will now not be a downside,” he expressed.

The Constitutional Court docket determined that limiting the “double deel” contradicts the related provisions of the Structure, which signifies that the causes for persuasion of the “dreamers” of the constitutional amendments have elevated by one. In different phrases, they’ll insist that “because the Constitutional Court docket has determined that the Structure has been violated, let’s introduce amendments”.

After all, if the Structure is amended once more, a number of different points will probably be launched along with the adjustments associated to the “double deel”. To begin with, they’ll enhance the variety of legislators. Consequently, it’s going to be thought of to incorporate the association for the election of a president by Parliament. Clearly, these are matters which might be presently being mentioned in the context of constitutional amendments.

In accordance with the choice made by the Constitutional Court docket on the finish of final June on the problem of adjusting the electoral system, it may be stated that the problem of additional amendments to the Structure has been principally settled.

Particularly, the Constitutional Court docket dominated that the legislature retains the unique proper to elect and legislate any electoral system in accordance with Article 21.4 of the Structure of Mongolia and concluded that the electoral system will probably be legislated by Parliament inside its mandate, not by the Constitutional Court docket. In different phrases, the prohibition and obstacles of the Structure have been eliminated from conducting parliamentary elections by a combined system, not solely by the bulk.

Alternatively, there could also be important adjustments within the composition of the federal government. The prime minister has lengthy been criticized for not with the ability to maintain ministers accountable for his or her errors.

It’s no secret that the status of the federal government has declined due to the non-public skill, expertise and recognition of some ministers. To not point out, the 2 newly established ministries nonetheless haven’t any ministers. Due to this fact, individuals demanded the prime minister fulfills his duties and holds Cupboard members accountable earlier than altering the Structure and permitting all ministers put on a “double deel”.

In reality, the federal government waited for the problems associated to the amendments to the Structure and the choice of the Constitutional Court docket, as seen from the truth that the prime minister has not made any adjustments in Cupboard till as we speak. Due to this fact, it’s going to turn out to be clear within the coming days when the ministers will probably be dismissed or appointed since the courtroom has made its choice. On this regard, it can’t be denied that some persons are rejoicing on the prospect of changing into the following minister with “double deel”.

Usually, even when a special choice was made by the Constitutional Court docket, the dialogue about amendments to the Structure wouldn’t have subsided. Furthermore, this can be a course of that have to be carried out below strict cut-off dates and restrictions stipulated by the Structure and the Regulation on Amendments to the Structure, so Parliament will probably be busy discussing this difficulty subsequent fall.

In any case, by order of the prime minister, a working group for amendments to the Structure has been established. Earlier than the adjournment of the spring session of Parliament, the leaders of the political events signed a letter of declaration on amending the Structure initiated by the Mongolian Folks’s Occasion and expressed their assist for the constitutional amendments.

Former President N.Enkhbayar is main the working group for the consolidation of research, tasks, related paperwork and data developed on the degree of political events on the problem of amendments to the Structure. The members embrace Chairman of the Civil Braveness Republican Occasion Ts.Gankhuyag, Chairman of the United Conventional Occasion of Mongolia B.Batbold, Chairman of the Mongolian Nationwide Democratic Occasion B.Tsogtgerel and Chairman of the United Residents’ Coalition Occasion Ts.Gantulga. The working group was tasked to current its proposals within the close to future, no later than subsequent month.

When N.Enkhbayar was the chairman of the Mongolian Folks’s Revolutionary Occasion simply two years in the past, he offered his draft all through the nation throughout a dialogue on amendments to the Structure. The content material of his draft, which was variously known as “New Structure” and “Fifth Structure”, is totally completely different from as we speak’s democratic Structure. That is why he was one of many individuals who strongly opposed the amendments to the Structure permitted in 2019. We hope that the chairman of the ruling Mongolian Folks’s Occasion and the head of the federal government considered this difficulty after they entrusted this work to N.Enkhbayar.

As well as, it’s stated that an irregular session of Parliament will probably be introduced on the finish of this month, and the problems instantly and not directly associated to amendments to the Structure will probably be mentioned. After Naadam, members labored of their constituencies, exchanged data and monitored public opinion. The ruling get together additionally introduced that it could announce an extraordinary session in August.

Underneath a parliamentary decision, members of Parliament additionally visited their constituencies from June 18 to 26 to listen to the views of residents on proposed amendments to sure provisions of the Structure.

In accordance with Chairman of the working group in command of learning the election system S.Byambatsogt, residents have been requested to touch upon 11 points on 4 matters: strengthening the human rights safety system, rising the general public illustration capability of Parliament, enhancing the system of native governance and altering the nationwide emblem of Mongolia.

However there have been members who thought this work was not efficient. Particularly, legislator J.Batsuuri expressed that one week was not sufficient to get suggestions from residents and that the 4 matters are unclear.

“As an illustration, the persons are drained of politicians who fail to meet their duties, not the electoral system. Lawmakers are going to extend seats in Parliament. Furthermore, some individuals are speaking about having a double deel, benefiting from their positions in order to turn out to be a minister. Parliament shouldn’t provoke something to enhance the privileges of its members. It have to be initiated by the president or the federal government,” he stated.

In any case, it’s clear that after the irregular session of Parliament is introduced, a number of points will probably be mentioned to amend the Structure in reference to the conclusion of the Constitutional Court docket.