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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3,152 Articles

Philip Bobbitt’s War Without Tears

In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
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A Duty to Disobey?

The United States is in the midst of an uncertain era of complex global threats.  Some have described the nation’s defense policy as one of “forever war.”  During this…
A comic by Tom Kleh with people in suits raising umbrellas as if they are swords or guns. They each have a briefcase on the ground next to them. One man in a suit carries an umbrella like a weapon and inspects the the group.

The ACLU Goes to War

The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…

Keeping Track of Trump’s Conflicts of Interest [Updated Dec. 5]

Since the election, there has been a firehose of news: President-elect Donald Trump’s cabinet picks, rumors about Trump’s cabinet picks, a Neo-Nazi conference in Washington,…
The US Capitol building against a cloudy grey sky.

Businesslike Government, Presidential Power, and the Erosion of the Civil Service

Immediately after the election, I wrote about the administrative separation of powers, specifically about how the rivalrous and contentious interplay of politically appointed agency…

10 Steps to Avoid Becoming a Tin Pot Kleptocracy (and safeguard our national security in the process)

The President-elect must make his tax returns public.  The public at large will then know precisely the nature and form of his extensive business interests. The President-elect…
Soldiers torture a person lying on the ground using the “water detail” method in May, 1901, in Sual, the Philippines. “It is a terrible torture,” one soldier wrote. "This kind of torture is not identical with the practice of "waterboarding", as it lacks the cloth or other cover of the mouth.”

Will Trump Bring Back Torture? Not if He Learns from the Past and Follows the Law

Since Donald Trump’s election victory last week, attention has turned to figuring out which promises he will keep and which he will abandon. Regarding torture, there have been…

Trump’s Whistleblowers—Whether Limited Pardons for Manning and Snowden Makes Sense Now

Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything.…
President Obama speaks into a microphone with other country delegates at a table.

Preventing Violent Extremism in 2017 and Beyond: Fading or Renewed UN and U.S. Leadership?

The current UN Secretary-General, Ban Ki-moon, and U.S. President Barack Obama will both leave office in January 2017, with at least one common legacy: a more comprehensive framework…
Protestors at Standing Rock Indian Reservation stand in the water protesting the Dakota Access pipeline. Police stand across from them blocking them from moving.

Investigating Surveillance Around Standing Rock

An anonymous Facebook plea recently went viral, asking people to check in to the Standing Rock Indian Reservation to thwart police surveillance of the Dakota Access pipeline protesters.…
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US Transparency Regarding International Law in Cyberspace

Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …

Donald Trump’s Drone War

My new book, The Drone Memos, will be published by The New Press today.  The Guardian is running a 4000-word slice of the 20,000-word introduction on its website this morning.  The…
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