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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3,333 Articles
The dome of the U.S. Capitol Buidling and the US flag.

Impeachment, Incitement and What (Nearly) Happened on January 6th

The 2018 Impeachment Handbook (Charles Black & Philip Bobbitt) has a section on "incitement." Read how directly it applies to the known facts of Trump's actions.
Cases containing electoral votes are opened during a joint session of Congress after the session resumed following protests at the US Capitol in Washington, DC, early on January 7, 2021

The Constitutional Case for Impeaching Donald Trump (Again)

We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…
U.S. Capitol police officers point their guns at a barricaded door that was vandalized in the House Chamber during a joint session of Congress on January 06, 2021 in Washington, D.C. Insurrectionists peek through the window of the door, which is broken.

Tragedy at the Capitol: Four Questions that Demand Answers

How can the U.S. Capitol, surrounded by one of the largest concentrations of law enforcement and national security personnel in the world, be so quickly overrun?
Statues in front of the US capitol building. Behind the statues, flags at the US Capitol fly at half-mast to honor US Capitol Police Officer Brian Sicknick, on January 8, 2021, in Washington, DC. Sicknick died from injuries sustained during the attempted coup on January 6th.

Q&A with Steve Vladeck and Rolf Mowatt Larssen on Democracy, Insurrection, and Where We Go From Here

In the aftermath of the certification of Biden’s victory and the insurrection at the Capitol, a discussion about how institutions and norms withstood the assault and what weaknesses…
US Capitol police officers speak with supporters of US President Donald Trump inside the Capitol on January 6, 2021, in Washington, DC.

The Attack on the Capitol: Why It’s Not a Surprise

The Trump-inspired mob who launched an unprecedented siege of the Capitol is a permanent stain on American democracy. What’s worse, it was not unexpected.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Why D.C.’s Mayor Should Have Authority Over the D.C. National Guard

Congress should give the mayor of D.C. control over the D.C. National Guard, absent federalization, to prevent the president both from misusing the DCNG as his own personal army…
A newspaper illustration of the vote on the Impeachment of President Johnson in 1868.

The Constitution’s Option for Impeachment After a President Leaves Office

Top impeachment law scholar discusses the options for the 117th Congress.

The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide

An authoritative analysis of the Twenty-Fifth Amendment on the incapacitation of a president, and how it was intended to function.
Face masks with two most popular candidates for Uganda's Presidential election, incumbent President Yoweri Museveni and Robert Kyagulanyi, aka Bobi Wine, the pop star-turned-opposition leader, printed on them are sold in Kampala, Uganda, on January 4, 2021.

Ugandan Human Rights Lawyer Fights Charges on Eve of Presidential Election

Following a now-predictable pattern in the leadup to the polls, authorities have hastened arrests of political opponents and critics of President Museveni.
Legal blind justice Themis metal statue with scales on chains

Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season

Dozens of judges, from all political persuasions, uniformly rejected the extravagant claims of President Donald Trump to set aside the presidential election results, or to compel…
The cap of the United States Capitol Building

How New Congress Can Shine Light on Trump Era and Persisting Abuses

Three kinds of information Congress should get from Biden administration.
File folders in a filing cabinet

The Promises of FOIA in 2021: A Ready Pathway to Accountability

It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
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