The Constitution in 1992 abolished Marxism-Leninist ideology and laid out the democratic principles of the separation of state powers and the fundamental rights of citizens.
[5] Mongolia's nomadic past and unique living habits has elevated the importance of customs as a source of law.
However, as there is lack of substantial evidence in literature, it is uncertain if Mongolian courts will recognize customs in the absence of legislation.
[9] For instance, the local administrative body of an aimag has a duty to monitor compliance with respect to environmental reclamation, health and safety regulations under Article 12 of the Mineral Laws.
In 2000, due to budget deficiencies, Mongolian schools were reported to have resorted to child labour to generate income.
Laws are made by a unicameral legislature known as the State Great Khural comprising 76 members representing 26 multi-member constituencies who are elected by bloc vote for a term of 4 years.
Mongolia's National Legal Institute (NLI), which is affiliated with the Ministry of Home Affairs and Justice, makes all approved legislation available online.
The NLI also cooperates with the Mongolian parliament by exchanging information directly with the parliamentary research center.
This ensures that citizens are aware of the laws they are subjected to and reflects transparency of rule-making to the Mongolian public.
However, the Praesidium (executive head of the soum) approved of the application and the mining company then obtained a license from the central government.
The court held that: Step 1: A complainant must submit his complaint against a government action within 30 days under the statute of limitation.
[23] Step 6: In court, the judge or his law clerk would submit the copy of claim, attached materials, and inform the defendant of his rights.
[23] Step 7: When a claim is accepted by the court, the judge invites the defendant to a meeting to determine whether there is a valid defense.
[24] For example, most of Mongolia's police law (especially the regulations governing the use of force and firearms) adheres to specific UN standards.
However, the transplantation of international standards into the local social climate is insufficient in eradicating unlawful executive behaviour.
In addition, the detention and prison system in Mongolia faces a huge lack of financial resources, giving rise to low inmate living conditions that are incompatible with the law.
The establishment of administrative courts signified a marked progress in the judicial system of Mongolia as well as the increasing emphasis that the country is placing on protecting individual rights against unlawful governmental action.
The second is aggrieved claimants being given provision of access to judges highly trained in the field of administrative law.
Like most civil law systems, such as Kazakhstan and Germany, Mongolia has specialized administrative courts[7] with exclusive power to hear judicial reviews.