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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3,161 Articles

The Missing Piece of the Mueller Investigation

What about the counterintelligence aspects of the probe? Where does the counterintelligence investigation now stand? What are the range of findings it may produce? And how may…
A person walks past a Huawei customer service center on March 12, 2019 in Berlin, Germany.

The Hidden Issue in Huawei’s Suit Against the United States

Huawei v. U.S. is more than simply a publicity stunt or moral appeal by the Chinese company — unfair legislative targeting is a claim that courts and commentators should take…
Polish Supreme Court Justice president Malgorzata Gersdorf arrives for work at the Supreme Court building as people gather to support her, on July 4, 2018 in Warsaw.

A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy

Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…
President Donald Trump holds an executive veto, his first as president, in the Oval Office of the White House March 15, 2019 in Washington, DC.

What to Do with Vetoed Bills

Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
A police officer stands next to portraits of Guatemalas 1960-1996 civil war victims outside the Congress building in Guatemala City on March 13, 2019.

The U.S. Must Forcefully Oppose Blanket Amnesty for Civil War Atrocities in Guatemala

“All the people have disappeared.” So reads a declassified cable from the U.S. Embassy in Guatemala City, dated Dec. 28, 1982. The subject was an incident that occurred just…

Top 4 Things to Look for in Mueller’s Report in Light of Barr’s Letter

Barr's letter leaves the most important questions at the heart of Mueller's counterintelligence investigation unanswered.

How not to think–and what the Mueller Report won’t tell us–about Trump’s efforts to obstruct the investigation

Back in December, I wrote a post about Bill Barr’s June 2018 memo to DOJ officials. In it, I was sharply critical of Barr’s understanding of the President’s…

Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice

The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr. Now, the…
Phone app icons for Snapchat and WhatsApp

Trump and the Demise of the Presidential Records Honor System

News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
Unmanned Aircraft System (UAS) Blueprint

Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements

"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…
Future Forward Party leader Thanathorn Juangroongruangkit, is projected on a giant screen while speaking as New Economic Party leader Mingkwan Saengsuwan, Pheu Thai party prime ministerial candidate Sudarat Keyuraphan and Democrat Party leader Abhisit Vejjajiva listen during a live televised debate for candidates in Bangkok on March 20, 2019, ahead of the March 24 general election.

Taking No Chances, Thailand’s Junta Locks Down the Internet ahead of Elections

Thailand's political parties’ use of social media is restricted even though the electoral framework all but guarantees defeat for the opposition.
Flowers and tributes cover the ground by the botanical gardens on March 19, 2019 in Christchurch, New Zealand in response to the mass shootings on two Christchurch mosques on Friday, March 15, 2019.

Sizing Up Facebook’s New Disclosures About the Christchurch Shooting

Facebook's disclosure of new information about how it handled video of Christchurch shooting prompts four lines of analysis.
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