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.
3,183 Articles
Researchers on Atrocity Prevention Warn: US on Path to Widespread Political Violence
The United States remains on the precipice of widespread human rights violations against its own civilian population. As scholars of armed conflict and human rights with a combined…
International Standards Regarding the Handling of Demonstrations
Just as much as nauseating scenes of excessive use of force by the police captured by media and citizens’ smartphones fly in the face of the protections that should be afforded…
![A collage of tweets and statements. The first statement by Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff reads on June 2, 2020, “I cannot remain silent. Our fellow citizens are not the enemy.” A tweet from Admiral Mike Franken, no date, reads, “I’m a retired three-star admiral running for United States Senate in Iowa. The military is a tool of last resort to defend our nation. It is not a weapon to use against our citizens or our states.” A tweet from Tony Thomas on June 1, 2020 reads, “The ‘battle space’ of America??? Not what America needs to hear…ever, unless we are invaded by an adversary or experience a constitutional failure…ie a Civil War…” A tweet from retired General Martin E. Dempsey, no date, reads, “America’s military, our sons and daughters, will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy. #BeBetter” A tweet from General Michael Hayden, no date, reads, “I was appalled to see him in his battle dress. Mi [cut off] a general?!?) should not have walked over to th [cut off] with Trump.” A tweet from Mark Hertling reads, “’Dominating the battle space,’ democratic values.” A tweet from Berry R McCaffrey on June 1, 2020 reads, “On MSNBC. Monday. 1 June. 11 pm ET. Brian Williams. Trump and the Insurrection Act. The murder of George Floyd by a police officer was the spark that detonated the anger at injustice. Using military forces other than Nat Guard would be inflammatory.” A tweet by @stavridisj, no date, reads, “American tradition says the use of active duty [cut off] to quell domestic disputes should be absol [cut off] resort and done at the request of not over the [cut off] objection of governors. I agree with that – th [cut off] role for the National Guard not active duty.” The last statement comes from an article by Jeffrey Goldberg and reads, “James Mattis denounces President Trump, describes him as threat to the Constitution. In an extraordinary condemnation, the former defense secretary [cut off] protestors and says the president is trying to turn Americans against [cut off] another.”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2020/06/Mattis-collage.jpg?fit=1024%2C483&ssl=1)
The Generals’ Constitution
When retired senior military officers “break ranks” to publicly criticize current political affairs, they often invoke a defense of the Constitution. In light of their oaths…
The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”
Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM
... the PRC’s own hypocrisy is no reason to abandon Hong Kong. But if the U.S. government seeks to play a constructive role, it needs to check off certain items. First and foremost,…
The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem
An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
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…
If We Could See Ourselves from the Outside
Can a change of perspective dislodge the assumed inevitability of an enduring democracy?
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?
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…
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…