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.
3,333 Articles
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,…
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…
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…
China and the Rule of Law: A Cautionary Tale for the International Community
The Communist Party of China has been leading an extraordinary effort to transform the country into a fazhi (法制) nation or “a country under the rule of law.” The phrase…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Trump as a Russian Target – Through the Eyes of a former CIA Russian Expert
Donald Trump would have been an active target of Russian intelligence since the moment they laid eyes on him for two reasons that come straight from the classical espionage textbook:…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…