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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3,158 Articles

Setting the Record Straight: The Pardon Power is Part of the Rule of Law

Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…

Helsinki Summit: A Time for Choosing—Three observations by former senior CIA officer

"This is a time of choosing. Government officials, senior and junior alike, take an oath to uphold the Constitution and the laws of the United States, not to obey any single President.…

Poland: Failing at Both Law and Justice

Poland’s justice system is in “disarray” for the second time in just over two years as a result of the policies of the country’s Law and Justice-led government. The history…

The Trump-Bolton Misdirection on Russian Extradition: Plenty of Legal Options Exist to Gain Custody of Russian Suspects

John Bolton is wrong. Extradition and other legal options are potentially available to gain custody of indicted Russian hackers. "In their Helsinki meeting, President Trump can—and…

Six Big Takeaways from Mueller’s Indictment of Russian Intel Officers

One of the biggest takeaways from Mueller's indictment? WikiLeaks appears to have been deeply involved in a Russian intelligence operation.

President Trump’s Stain on Brett Kavanaugh and How to Remove It

A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
Judge Brett Kavanaugh listens to Sen. Rob Portman (R-OH) (not shown) talk about Kavanaugh's qualifications before a meeting in the Russell Senate Office Building on Capitol Hill July 11, 2018 in Washington, DC. Pictures and small statues stand on a fireplace mantle behind him.

What Judge Kavanaugh’s “Originalism” Means for the Country

"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
Judge Brett Kavanaugh shakes hands with Sen. Rob Portman (R-OH) before a meeting in the Russell Senate Office Building on Capitol Hill July 11, 2018 in Washington, DC. Media personnel stand around with microphones.

Setting the Record Straight: Brett Kavanaugh’s Views on Criminal Investigation of the President

An important dimension of the Senate’s consideration of Judge Brett Kavanaugh’s nomination for the Supreme Court involves the judge’s views of a president’s immunities…

Mueller Lacks Authority to Indict Trump

Whatever one’s views on the ultimate questions of whether a ­sitting president may constitutionally be indicted and for what offenses, they are as a practical (and legal) matter…

Norms Watch: Damage to Democracy and Rule of Law in June 2018

We’re reviving Norms Watch, our series tracking President Donald Trump’s divergence from democratic norms, as well as the ways norms are sometimes discarded in reaction to…

Kennedy’s Replacement: Presidential Self-Interest and the Functions of the Confirmation Process

With the ongoing Russia investigation, what actions can and should the Senate take in Supreme Court nomination process? Former White House Counsel discusses likely Supreme Court…

Are We Down to One Branch of Government?

The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
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