CONSTITUTIONAL COURT DISPUTE DEEMED UNFOUNDED
Regarding the letter by D.Solongo, a member of the Constitutional Court, requesting explanation and expression of formal position of the President and his Office on the claims submitted to the Constitutional Court by citizens of Mongolia, namely Dorjkhand Togmid MP and Uurtsaikh Dashdondog, members of the National Labor Party, President Khaltmaagiin Battulga paid a visit to the Constitutional Court to deliver the explanation requested.
The claim implies that the absence of statement in the Law on Presidential election that provides “Kh.Battulga cannot run, or cannot be named a candidate to the Presidential election” is violation of the Constitution.
The Constitutional Court’s reaction to such invalid claim that demands banning of the candidature of only Kh.Battulga, by calling a hearing in connection with the claim, does not suit the core principles of the Constitution, itself.
The Constitutional Court has the authority to adjudicate the cases where the legislations in full or in parts might have violated the Constitution, but it does not have the authority to instruct the Parliament what to include or exclude in the legislations the lawgivers adopt.
President of Mongolia Khaltmaagiin Battulga said at his in-person meeting with the Chairman of the Constitutional Court:
“First of all, the main contents of the constitutional amendments aim at facilitating Mongolian citizens with direct access to the country’s wealth and benefit as owners of the resources. For this purpose, I chaired the working group for amendments to the Constitution. My presence there acted as the bridge for understanding between political powers and ordinary citizens. I did it because I deemed it is of national interest.
Secondly, although the amendments to the Constitution brought advancement on a policy level, by the people’s demand, the political power that holds the majority in the legislative body has been taking improper actions that distorts the Constitution, wholly or partially.
In third, the amendments to the Constitution only reaffirmed the core principles that dictate equality before the law, prohibition of discrimination, and the right to vote and stand for election. Nobody has the right to deny those principles, or interpret the Constitution in their own personal favor.
I believe it is unusual for the Constitutional Court to re-consider the dispute it has gone over and set a precedent in the past. For instance, in 1997, Ochirbat Punsalmaa ran for the third time. There had been a dispute, and the Constitutional Court has resolved that his candidature was not unconstitutional.
In my observation, there are a group of people whose personal interests to illegitimately take power prevail the constitutional rights of the people of Mongolia who are endowed with all state power. The group of people cannot be indulged, given the obviousness of their intentions.
The officials who adopted the constitutional amendments are still alive, and the political party, still in power. I cannot comprehend why there is such a dispute.
The achievements attained by the constitutional amendments in the distribution of wealth and the country’s growth can be backed by hard facts. I ask You to not distort the Constitution and its amendments using other laws.”