Problems and Improvements of Mongolia’s Governmental Structure- Focusing on the Checks and Balances between the Parliament, the President and the Cabinet

Abstract

2022 is the 30th anniversary of the implementation of the 1992 Constitution, which first adopted the principles of free democracy and the rule of law in Mongolia's constitutional history. Mongolia is in the process of realizing a liberal democracy and a rule of law based on the 1992 Constitution. However, Mongolian semi-presidential government system, which the current Mongolian constitution adopted, has various political or legal problems in the relationship between the president and the national parliament, and between the president and the prime minister and the cabinet, and between the national parliament and the prime minister and the cabinet, To solve this problem, the national parliament amended the Constitution twice, in 2000 and 2019. The purpose of this study is to review the constitutional problems of the distribution of powers between the national parliament, the President, the Prime Minister and the Cabinet, and the problems of checks and balances system in the power structure of the 2019 amended Mongolian Constitution, and is to suggest improvement measures that can realize mutual checks and balances among powers. In order to consider these issues, the process and contents of the constitutional amendments in 2000 and 2019 were first reviewed (II). In chapter III, we reviewed how the national parliament, the President, and the Cabinet are formed and state power is distributed in the current Mongolian constitution. In chapter IV, we reviewed checks and balances system in the 2019 amended Mongolian Constitution was examined. In chapter V, we reviewed the problems in how to form the National Assembly, the President, and the Cabinet and how to distribute powers among them in accordance with the principle of separation of powers and suggested several improvement measures. Finally, in chapter VI, the implications of Mongolia's attempts to solve them for Korea are examined.