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 Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?

[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…

U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?

Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…

The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction

[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…

Polish Government’s Power Trip Interrupted?

The European Court of Justice tells Poland's Law and Justice party: Follow European Union rules or leave.

10 Priorities for Peace, Human Rights and Justice in Yemen: An Important Joint Statement From Country’s Civil Society

Twenty-three civil society groups have released one of the most important NGO statements of the past four years of the war and humanitarian disaster in Yemen.

The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation

Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

New Method, Same Strategy: Russia Has Long Exploited U.S. Racial Divisions

While the use of social media is new, Russia has a long history of highlighting the conflict between American ideals of equality and the reality of racial injustice in this country.…

U.S. Libel Case Over Russian Poisoning Takes Aim at Kremlin Propaganda

A lawsuit in U.S. District Court in Manhattan alleges defamation by two Kremlin-controlled television stations widely available in the United States concerning the infamous poisoning…

Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests

Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…

European Counter-Terrorism Approaches: A Slow and Insidious Erosion of Fundamental Rights

A recent op-ed in the Wall Street Journal, titled, “Europe to Terrorists: It’s No More Monsieur Nice Guy,” praised the robustness of the recent European approach to counterterrorism,…
Political activist Katharina Nocun, speaking under a banner that reads: "No to a German NSA" and showing a picture of U.S. whistleblower Edward Snowden, leads a protest against pending legislation expanding the legal surveillance capabilities of Germany's Federal Intelligence Service (Bundesnachrichtendienst, or BND) outside the Reichstag on September 26, 2016 in Berlin, Germany. Protesters behind her hold additional signs.

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts

A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
The U.S. Department of State building entrance.

What Due Diligence Backs U.S. Denial of Advance Knowledge of the Khashoggi Plot?

State Department spokesperson Robert Palladino's categorical denial that the US government knew of threat to Khashoggi may be a mistake that lasts a long time.
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