Publications

	Table of Contents
p. 11 of 84 BACK | NEXT Introduction General Background The Legislative Framework The Legislative Process Outline Role of the President Public Input Legislative Drafting Government Resolutions Supreme Court Interpretations Translations Publications Recommendations Government and the Administration The Judicial System The Legal Profession Legal Education Appendices

Developing Mongolia's Legal Framework: A Needs Analysis

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The Legislative Process

Mongolia's laws pass relatively rapidly through the stages of drafting, standing committee consideration, parliamentary debate and enactment. This is partly due to the absence of public discussion and the short and general nature of the laws themselves. The legislative process would be enhanced by greater debate on policy issues, by the inclusion of a process for public input, and the creation of a separate drafting office with training for the drafters. This would assist in creating laws that are better defined, with proper enforcement measures and institutions, and that are conceptually consistent with other laws. The role of resolutions and decrees needs to be clarified and there is an urgent need for official translations of laws into English.

Mongolia's supreme legislative document is the Constitution and all laws and legal - instruments that are incompatible with it are void. After that the hierarchy of laws becomes less clear. The next layer should be the laws themselves followed by resolutions⁷ and decrees. However, as will be considered later in this chapter, there is sometimes a conflict, particularly between laws and resolutions, and it is not clear which are to prevail. In addition, ministers issue orders on procedural matters, although it is not clear where the power to do so comes from, and local khurals and governors have powers to pass - resolutions and issue ordinances on certain defined topics which are effective within their territories. These lower level forms of regulation are not covered in this report.

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⁷ Resolutions are what in many countries would be referred to as regulations.

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