Democracy & Rule of Law

Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.

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3,398 Articles
A person covers their face while speaking during an interview with AFP at a house in Kabul.

International Human Rights Fact-Finding in Hostile Environments

Given growing barriers to accessing witnesses and victims, how should interviewers safely, ethically collect information for human rights inquiries - and how should policymakers…
People work at sewing machines in rows at a textile-manufacturing company in Batumi, Georgia’s Black Sea.

World Bank’s “Doing Business Index,” a Thorn for Kleptocrats, Must Be Protected

Countries that have cleaned up their act under pressure from the index rankings illustrate the need for such a gauge.
The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
An image of the globe with a light grid laid on top of it connecting people and countries.

System Rivalry: How Democracies Must Compete with Digital Authoritarians

On the need to rethink the artificial intelligence challenge as a system rivalry — between digital authoritarianism and democratic models of governance.
Officials of Iraq's electoral commission undergo a polling day simulation to test run its systems ahead of the upcoming parliamentary elections, in the northeastern city of Sulaymaniyah in Iraq's autonomous Kurdistan region on September 22, 2021.

Iraqi Elections, Coming Again Soon, Still Don’t Deliver Democracy

Turnout may be dismal, as many Iraqis feel elections fail as a channel for their voices or an instrument for change.
Funeral workers carry a body bag containing the remains of Arvin Arbuis through a grave site. A procession of people follow.

ICC Investigation of Philippines President Duterte Sends Important Signals

It tells other governments that they may not obtain retroactive impunity for their crimes by withdrawing from the ICC treaty.
US Secretary of State Antony Blinken meets with Afghan all-female robotics team members at Qatar's Education City Club House in Doha on September 7, 2021.

The Last Days in Afghanistan Should Not Deter Biden from Looking Beyond the 9/11 Paradigm

It's time to get off this loop. But ending “endless wars” should not be equated with simplistic solutions.
Rep. Pete Aguilar (D-CA), Rep. Stephanie Murphy (D-FL) Rep. Adam Schiff (D-CA), and Rep. Zoe Lofgren (D-CA) listen during the Select Committee investigation of the January 6, 2021, attack on the US Capitol, during their first hearing on Capitol Hill in Washington, DC, on July 27, 2021.

Congress’ Access to Individuals’ Private Communications: The Jan. 6 Committee’s Troubling Precedent

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
U.S. dollar and Afghan banknotes in a pile.

Reassessing Counter Terrorism Financing in a Taliban-Controlled Afghanistan

The Taliban’s rapid takeover of Afghanistan set back decades-long efforts to integrate Afghanistan into the international community. Nowhere is this more apparent than on anti-money…
The White House lawn on a sunny day with the White House in the background.

The Executive Branch Needs Intelligence Oversight Reform

The PIOB and PCLOB should be combined into a single White House civil liberties and compliance office, with an expanded mission.
The Chair of Afghanistan's independent human rights commission, Sima Samar, hands Afghan President, Hamid Karzai, a document while United Nations High Commissioner for Human Rights, Louise Arbour, stands beside them witnessing the event. A flag stands behind them.

The Failure of Transitional Justice in Afghanistan: Impunity Turned Into Law

How the international community and domestic power brokers undermined an initiative and sowed another seed of the ultimate collapse.
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