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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3,152 Articles
Riot police with face masks confront anti-Brazilian President Jair Bolsonaro football fans during a protest against him, at Paulista Avenue in Sao Paulo, Brazil, on May 31, 2020.

What Fuels Autocracies Fuels Corruption

Hungary and Brazil aren’t outliers: Leaders in China, Bolivia, Cambodia, India, and elsewhere are using sweeping measures — some of them newly implemented — to restrict civil…
Police officers wearing riot gear shoot tear gas at demonstrators at St. John's Episcopal Church outside of the White House, June 1, 2020 in Washington D.C.

If We Could See Ourselves from the Outside

Can a change of perspective dislodge the assumed inevitability of an enduring democracy?
Police in riot gear but without face masks form a line blocking protesters who wear face masks in Washington, D.C. on June 3, 2020..

The U.S. Constitution and Limits on Detention and Use of Force in Handling Civil Unrest

Under what circumstances may the government use lethal and non- or lesser-lethal force in the face of unlawful protests, riots, and looting?
A demonstrator walks in front of a row of military police members wearing riot gear as they push back demonstrators outside of the White House, June 1, 2020 in Washington D.C.

The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest

Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…
Donald Trump, William Barr, Mark Meadows, and Kayleigh McEnnany outside of St John's Episcopal church across Lafayette Park in Washington, DC on June 1, 2020.

Trump’s Moves Are Right Out of the Authoritarian Playbook

Trump's recent actions may be of a man fearful of looking weak to the world, but they are also redolent of how authoritarian regimes in countries the world over have responded…
National Guard with riot gear stand between protestors and the White House during a demonstration over the death of George Floyd, who died in police custody, on June 2, 2020 in Washington, DC.

Invoking “Terrorism” Against Police Protestors

"The invocation of 'terrorism' to respond to Antifa—and those protesting police violence more generally—has real consequences even if it does not create new legal powers."
Members of the National Guard join police in holding a line on the fourth day of protests on May 29, 2020 in Minneapolis, Minnesota.

The President and the Domestic Deployment of the Military: Answers to Five Key Questions

Can President Trump use the military without governors' consent? What are the rules for the use of force?
Red and blue Lights of police car in night time.

White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien

What the available research says about systemic discrimination in law enforcement as well as links to racist and white supremacist ideology.
A demonstrator confronts police as he protests the death of George Floyd, in Los Angeles, California on May 29, 2020.

Don’t Let Trump Say the “American Carnage” of 2020 is What He Claimed in 2016. It’s Not.

The violence we’re seeing right now is not the so-called “American carnage” President Trump described in 2016 as he simultaneously claimed only he could lead the country…
Protests

Far-Right Infiltrators and Agitators in George Floyd Protests: Indicators of White Supremacists

Evidence points to specific White Supremacist and far-right groups having infiltrated George Floyd protests, writes scholar of violent extremism, Georgia State University professor…
Trump, trailed by Treasury Secretary Steven Mnuchin (R) and Secretary of State Mike Pompeo (2nd R), walks to the Rose Garden to make a statement about U.S. relations with China at the White House May 29, 2020.

Trump’s Empty “Withdrawal” from the World Health Organization

WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.
Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
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