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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3,168 Articles
Just Security

Security, Uncertainty, and the National Security Administration: The President Should Defend, Not Revise, Current NSA Procedures

The question of national security and its relationship to individual privacy has always provoked a challenge for persons with strong libertarian inclinations, who rightly embrace…
Just Security

An Inauspicious Anniversary: It’s Time to Release the Report of the Special Interagency Task Force on Interrogations and Transfer Policies

Yesterday was the five-year anniversary of President Obama’s Executive Order 13491 on ensuring lawful interrogations. The Order, one of the first acts of the Obama administration,…
Just Security

Does “Espionage Porn” Make Us Stronger?

Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…
Just Security

Balancing the Public Interest in Disclosures

On Monday, Marc Theissen had an opinion piece in the Washington Post taking The New York Times to task for publishing the details of the NSA’s capabilities of using radio…
Just Security

Reactions to the New York Times and The Guardian Editorial Boards’ Call for Clemency for Snowden

As Ruchi covered this morning in the news roundup, today the editorial boards of the New York Times and The Guardian called on the Obama Administration to offer Edward Snowden…
Just Security

Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Just Security

Data-Mining, Section 215, and Regulating the Government’s Use of Stored Data: The Overlooked, but More Important, Question About NSA Surveillance

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Highlights of the Report of the President’s Review Group on Intelligence and Communications Technologies

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

So Much for a New Drone Policy – Why Can’t the US Explain Why It Targeted a Wedding Party?

The New York Times has an important front-page story today by Mark Mazzetti and Robert Worth on last week’s drone strike in Yemen, which reportedly targeted a convoy of trucks…
Just Security

Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?

In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Just Security

Judge Leon and the Shocking Scope of the NSA’s Surveillance Program

U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Just Security

Why the Constitutional Holding in Klayman Wasn’t Necessary

24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
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