Mongolia 1992 Constitution (reviewed 2001) - Page 5 of 6

Table of Contents

CHAPTER FIVE. The Constitutional Tsets (Court) of Mongolia

Article 64

The Constitutional Tsets (Court) of Mongolia shall be the competent organ with powers to exercise supreme supervision over the enforcement of the Constitution, to make a conclusion on the breach of its provisions, and to decide constitutional disputes, and is the guarantor for strict observance of the Constitution.
The Constitutional Tsets (Court) and its Members in the discharge of their duties shall be subject to the Constitution only, and shall be independent of any organizations, officials or from other persons.
The independence of the Members of the Constitutional Tsets (Court) shall be ensured by the guarantees prescribed in the Constitution and by other laws.

Article 65

The Constitutional Tsets (Court) shall be comprised of nine members. The Members of the Constitutional Tsets shall be appointed by the State Great Hural (Parliament) for a term of six years, upon the nomination proposals of three of them by the State Great Hural (Parliament), other three by the President, and another three by the Supreme Court.
A Member of the Constitutional Tsets (Court) shall be a citizen of Mongolia, who attained the age of forty years, having a high qualifications in law and politics.
A Chairperson [Chief Justice] of the Constitutional Tsets (Court) shall be elected from amongst its nine Members for a term of three years, by a majority of their votes. He/she may be re-elected once.
If a Chairperson or member of the Constitutional Tsets is in breach of law, then he/she may be withdrawn by the State Great Hural (Parliament) on the basis of the decision made by the Constitutional Tsets (Court), on the basis of proposal by the institution that nominated him/her.
The President, the members of the State Great Hural (Parliament), the Prime Minister, the members of the Government (Cabinet Ministers) or judges of the Supreme Court shall not be included in the composition of the Constitutional Tsets (Court).

Article 66

The Constitutional Tsets (Court) shall examine and decide disputes regarding a breach of the Constitution, on its own initiative pursuant to the petitions or information from citizens, and/or at the request by the State Great Hural (Parliament), the President, the Prime Minister, the Supreme Court and the Prosecutor General.
The Constitutional Tsets (Court) shall make conclusions based the grounds prescribed in Section 1 of this Article and submit its conclusions to the State Great Hural (Parliament), on the following issues under a dispute:
1. On whether or not the laws, decrees or other decisions by the State Great Hural (Parliament) or by the President, as well as any Government (Cabinet) decisions and international treaties to which Mongolia is a Party, are in conformity with the Constitution;
2. On whether or not the national referendums or any decisions by the Central Electoral Authority regarding the elections to the State Great Hural (Parliament) or its Members as well as the Presidential elections, are in conformity with the Constitution;
3. On whether or not the President, the Speaker or members of the State Great Hural (Parliament), the Prime Minister or the members of the Government (Cabinet Ministers), the Chief Justice of the Supreme Court, or the Prosecutor General, have committed a breach of the Constitution;
4. On whether or not there is justification for removal of the President, the Speaker of the State Great Hural (Parliament) and the Prime Minister, and for recall of the members of the State Great Hural (Parliament).
If the conclusion, submitted in accordance with Clauses 1 and 2 of Section 2 of this Article, is not acceptable by the State Great Hural (Parliament), then the Constitutional Tsets (Court) shall re-examine it and make a final decision.
If the Constitutional Tsets (Court) made a decision that the laws, decrees or other decisions of the State Great Hural (Parliament) and by the President, as well as the Government (Cabinet) decisions and the international treaties to which Mongolia is a State Party, are not in conformity with the Constitution, then such laws, decrees, instruments of ratification, or decisions shall be considered null and void.