Comparison of the U.S. and Mongolian Constitutions

Comparison of the U.S. and Mongolian Constitutions Believing that man is an animal suspended in webs of significance he himself has spun, I take culture to be those webs, and the analysis of it to be . . . an interpretive [science] in search of meaning.

Mongolian Constitution U. S. Constitution 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. 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.

Personal Freedoms and Human Rights

Mongolian Constitution 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…. Art. 16 The citizens of Mongolia shall enjoy the following rights and freedoms: 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…. 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…. 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. 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. 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

The interviewed Mongolian citizens were asked to 'Please list the characteristics that make a country a democracy.' Their list of answers is not very different from that made by American students, as seen in the second column of the table below.

Mongolians and American students' ideas on democracy are similar (answers are ranked from most to least frequently mentioned)

To Mongolians democracy means:  To American students democracy means: 1. Personal freedoms (of speech, religion, movement, demonstrations, pluralism, etc.) are guaranteed. Same 2. A multi-party system drives the democratic election process and representative (participatory) government. Rule by law prevails through the Constitution; the laws and courts are just/fair. 3. Human rights are protected. A multi-party system drives the democratic election process. 4. A free-market economy, including open competition and privatization, operates. Capitalism/market economy organizes the economy. 5. Rule by law prevails; government, laws, and courts are just/fair. The system of government is controlled through checks and balances. 6. Freedom of the media ("press") is guaranteed. Individual rights are protected. 7. Glasnost (openness in government and no government corruption) prevails. Government is of/by the people. 8. All are equal under the law and enjoy equal rights. Examples: USA, ancient Greece, Rome. 9. Humane, democratic society. All are equal under the law; equal rights are guaranteed.

867 Mongolian citizens (Hovd, Ulaanbaatar and surrounding countryside) interviewed in the summer of 2008.