This article was published in
the Journal East European Law
Columbia University, New York
2000/ Vol. 7 Nos.3-4

Gombosuren Ganzorig

I. BACKGROUND

Although Mongolia generally considers itself to have a civil law system, unique geographic, cultural, and political influences have made Mongolia's civil law system different from the traditional civil law systems that flourished in the Western European countries of France, Germany and Italy are similar. This paper explores how Mongolia's Central Asian location and nomadic history have influenced the development of its legal system.
In the twelfth century, the Mongols established an empire that ultimately extended from the Pacific Ocean to the Mediterranean Sea and from Siberia to India. The Mongols governed their conquered territories with strict administrative laws enforced by a well-disciplined army of horsemen. During the rule of the Great Chingis Khan (1165-1227), Mongolia developed the "Great Yasa." This complex code regulated family, trade, hunting, military, tax, property, criminal, and administrative issues. Although many of these rules have been forgotten since the fall of the Mongolian Empire, some of the rules of the "Great Yasa" still live in the customs of nomadic Mongolian life. For example, in setting up military rule, Chingis Khan ordered that a waistband must restrain all prisoners of war before they were sent to jail, to prevent prisoners from committing suicide. Over the years, this led to a custom among Mongolians that a properly-dressed man must wear a "deel" and waistband; otherwise, he would lose respect before his people.
During the seventeen years before 1990, under the influence of communist Russia, Eastern Germany and other socialist countries, Mongolia adopted three Constitutions that contributed to the development of Mongolia's traditional civil law system with its heavy socialist ideological orientation.
After peaceful democratic revolution in 1989, Mongolia's fourth constitution (adopted in 1992) created the basis for democratic reforms and established a balanced governmental structure with a legal basis for new institutions such as the Parliament, the Presidency, and the two highest courts -- the Constitutional Court and the Supreme Court. The purpose of this paper is to compare the Constitutional Court of Mongolia and other judicial and government institutions; to examine the jurisdiction of the Constitutional and Supreme Courts; and lastly, to identify the best means of cooperation between the Constitutional and Supreme Courts so that they can better serve the people of Mongolia by protecting and promoting their constitutional rights.