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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Cybersecurity, Elections, and Critical Infrastructure at Home and Abroad

In the last few days, Secretary of Homeland Security Jeh Johnson and Homeland Security Advisor Lisa Monaco have both suggested that in the wake of the DNC hack, the United States…
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Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill

In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
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It’s Time to Come to Terms With Secret Law: Part II

On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
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It’s Time to Come to Terms With Secret Law: Part I

Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
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International Justice Day Round-Up III: Salvadoran Amnesty Law, Germany Apologizes to Namibia over Genocide, Corporate Criminality, and Colombia Ceasefire

This is Part III of an international criminal justice round-up covering ten of the top developments in the field this spring and summer. Part I is here and covers the Habré case,…
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The Microsoft Ireland Case and the Future of Digital Privacy

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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John Brennan on “enhanced interrogation techniques”

At this event today at Brookings, CIA Director John Brennan reiterated what he has said before: — “you cannot establish cause and effect between the [CIA’s]…
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Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship

David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
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Guest Post: What is FBI Director Comey Doing?

Amidst the furor following the FBI and Justice Department’s decision not to charge Hillary Clinton for the handling of her State Department emails, there has been much less attention…
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The government’s treatment of civilian casualties in counterterrorism operations [updated]

The government has just released two important documents. One is an assessment by the Director of National Intelligence of the cumulative civilian casualties from U.S. counterterrorism…
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International & US Support for Transitional Justice Initiatives

My prior post discussed new policy papers on transitional justice issued by the US State Department and US AID. These policy papers reflect the fact that the United States’…
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Looking Back on the Pentagon Papers Decision

In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
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