DOI: 10.11648/j.ijls.20260904.14 ISSN: 2640-1908

A Constitutional Compliance Architecture for Digital State Decision-Making in Mongolia

Boldbaatar Gonchigjav, Munkhdemberel Lundeejantsan, Odontuya Khuukhlee
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Mongolian legal scholarship has traditionally examined constitutional supremacy, Constitutional Court (Tsets) review, and ordinary-court practice separately, leaving constitutional application as an integrated institutional system, and its extension to digital government, largely unexplored. This article reconceptualises Constitutional supremacy as a dynamic compliance system spanning the entire decision-making cycle. Using an explanatory sequential mixed-methods design, it analyses 117 Tsets decisions (1992-2023), 1,240 court judgments, and acts of state administrative bodies, and compares eight jurisdictions. The results reveal systemic under-application of the proportionality test (absent in 93.2% of Tsets decisions), unnamed interpretive methods (61.5%), incomplete implementation of decisions (34.2%), and marginal direct application of the Constitution by ordinary courts (5.7%). Regression analysis identifies proportionality as the strongest predictor of constitutional-application performance (r = 0.834; β = 0.421), confirming hypotheses H1 and H2. Drawing on the proportionality theories of Alexy and Barak, the article proposes a three-layered constitutional compliance architecture (foundational, instrumental, and mechanistic) and advances, as a theoretical proposition (TP1) not yet empirically tested, a Digital Constitutional Compliance Layer that embeds ex ante Constitutional checks into algorithmic public decision-making, informed by the digital-constitutionalism literature and EU regulatory instruments.

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