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| Comparison
of the U.S. and Mongolian Constitutions |
| Mongolian Constitution |
U. S. Constitution |
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Preamble
We, the people of Mongolia:
· Consolidating the independence and sovereignty of
the nation,
· Cherishing human rights and freedoms, justice and
national unity,
· Inheriting the traditions of national statehood,
history and culture,
· Respecting the accomplishments of human civilization,
· Aspiring to the supreme objective of building a humane
and democratic civil society in the country,
Hereby proclaim the Constitution of Mongolia.
Article 12.
The fundamental principles of the activities of the State
shall be democracy, justice, freedom, equality and national
unity and respect for the law.
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Preamble
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States
of America. |
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| Personal Freedoms and Human
Rights |
| Mongolian Constitution
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U. S. Constitution |
| Art. 14.1 All
persons lawfully residing within Mongolia are equal before the
law and the courts. |
Not stated in the U.
S. Constitution |
| 14.2 No person may be discriminated
against on the basis of ethnic origin, language, race, age,
sex, social origin and status, property, occupation and post,
religion, opinion and education. Every person shall be a subject
before the law. |
Amendment XV
1. The right of the citizens …to vote shall not be
denied or abridged…on account of race, color, or previous
condition of servitude.
Amendment XIX
1. The right of the citizens …to vote shall not be
denied or abridged…on account of sex.
Amendment XXVI
1. The right of the citizens …who are eighteen years
of age or older, to vote shall not be denied….
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| Art. 16 The citizens of
Mongolia shall enjoy the following rights and freedoms: |
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| 16.1 The right to life…. |
Not stated in the U. S. Constitution
but in the Declaration of Independence |
| 16.2 The right to a healthy
and safe environment…. |
Not stated |
| 16.4 The right to free choice
of employment, suitable conditions of work, remuneration, rest
and private enterprise. No one shall be unlawfully forced to
work. |
Amendment IX
Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted,
shall exist…. |
| 16.5 The right to material
and financial assistance in old age, disability, childbirth
and childcare and in other cases provided for by law. |
Not stated |
| 16.6 The right to protection
of health and medical care. |
Not stated |
| 16.7 The right to education.
The State shall provide universal general education free of
charge…. |
Not stated |
| 16.9 The right
to take part in the government of the country directly or through
representative bodies… The right to vote shall be enjoyed
from the age of eighteen years… |
Amendment XV
1. The right of the citizens …to vote shall not be
denied or abridged…on account of race, color, or previous
condition of servitude.
Amendment XIX
1. The right of the citizens …to vote shall not be
denied or abridged…on account of sex.
Amendment XXIV
The right of citizens …to vote …shall not be denied
or abridged…by reason of failure to pay any poll tax
or other tax.
Amendment XXVI
1. The right of the citizens …who are eighteen years
of age or older, to vote shall not be denied….
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| 16.10 The right
to freedom of association in political parties or other voluntary
organizations on the basis of social and personal interests
and opinion…. |
Amendment I
Congress shall make no law…abridging… the right of
the people peaceably to assemble. |
| 16.11 Men and women shall
enjoy equal rights in political, economic, social, cultural
fields and in marriage. Marriage shall be based on the equality
and mutual consent of the spouses who have reached the age determined
by law. The State shall protect the interests of the family,
motherhood and the child. |
Amendment XIX1.
The right of the citizens …to vote shall not be denied
or abridged…on account of sex. |
| 16.12 The right
to submit a petition or a complaint to State bodies and officials….
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Amendment I
Congress shall make no law…prohibiting …the right
of the people…to petition the Government for a redress
of grievances. |
| 16.13 The right
to personal liberty and safety. No one shall be searched, arrested,
detained, prosecuted or restricted of liberty save in accordance
with procedures and grounds determined by law. No one shall
be subjected to torture, inhuman, cruel or degrading treatment…Privacy
of citizens, their families, correspondence and homes shall
be protected by law. |
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated….
Amendment V
No person…shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
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| 16.14 The right to appeal
to the court to protect his/her rights if he/she considers that
the rights or freedoms as spelt out by Mongolian law or an international
treaty have been violated; to be compensated for the damage
illegally caused by others; not to testify against himself/herself,
his/her family, or parents and children; to defense; to receive
legal assistance; to have evidence examined, to a fair trial;
to be tried in his/her presence; to appeal against a court decision;
to seek pardon. Compelling a person to testify against himself/herself
shall be prohibited. Every person shall be presumed innocent
until proved guilty by a court by due process of law. The penalties
imposed on the convicted shall not be applicable to his/her
family members and relatives. |
Amendment V
No person…shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with witnesses in his favor, and to have
the Assistance of Counsel for his defense.
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| 16.15 Freedom
of conscience and religious belief. |
Amendment I
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof…. |
| 16.16 Freedom of thought,
opinion and expression, speech, press, assembly and peaceful
demonstration. |
Amendment I
Congress shall make no law…abridging the freedom of speech,
or of the press; or the right of the people to peaceably assemble… |
| 16.18 The right to freedom
of movement and residence within the country, to travel and
reside abroad and to return to the home country…. |
Not stated |
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