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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3,183 Articles
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Top 10 Election Litigation Cases in 2024 Implicating the Rule of Law

In this top ten list updated weekly, the most important of hundreds of election-law cases are ranked for their rule of law implications.
Donald Trump, Satya Nadella, and Jeff Bezos sit, in conversation at a table.

Rising Authoritarianism and Plutocracy Are a Dangerous Mix for Press Freedom

U.S. democracy appears so strong as to be unbreakable. But the billionaire class is its weakest point: small, concentrated, and all too often uninterested in following the rules…
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?

Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
A person types on a laptop. Translucent icons litter the image showing locks, percents, outlines of people, shields, computers, and more.

Seizing the Moment: Opportunities to Regulate Spyware and the ‘Pall Mall Process’

If the Pall Mall Process is to remain relevant, then France and the U.K. must become advocates for national and global regulation on spyware.
A seated woman in a red shirt, wearing a blue hat and blue gloves, reviews a ballot that she holds in front of her.

Local Officials Cannot Block Election Certification. But They Can Fuel Disinformation.

Local officials cannot prevent the results of an election from being finalized — but what comes next could be dangerous.
The U.S. Capitol in Washington, D.C.

Frictionless Government and the National Security Constitution

Layering different kinds of friction is crucial. Checks that may restrain a unilateralist Executive, such as empowering Congress structurally to push back effectively, can still…

On Dictatorship and Self-Censorship: Lessons the Owner of a Sudanese Newspaper Could Give Jeff Bezos

"It is vital that we discuss the Washington Post’s and L.A. Times’s non-endorsement in the U.S. presidential election, plainly and openly, as what they actually are."
An overhead view of the Pentagon building in Washington, DC.

Much Ado About Nothing: Recent Changes to Department of Defense Directive 5240.01

Recent changes to this Defense Department directive do not reflect any change in policy and provide no new authority to deploy the military domestically or to use lethal force…
U.S. Vice President Kamala Harris delivers remarks with President Joe Biden

The U.S. National Security Memorandum on AI: Leading Experts Weigh In

Leading experts unpack the Biden administration's National Security Memorandum on AI.
Close up of man's chest wearing a military uniform wearing a badge with American flag logo and inscription "I Voted."

Don’t Let Military and Overseas Voters Become the Next Targets for Voter Suppression

We hope Americans from both sides of the aisle will recognize the peril in withholding the right to vote from active-duty military personnel, from U.S. diplomats, and from all…
A stylized globe map over which the words 'We the People' are imposed.

Symposium on Harold Hongju Koh’s ‘The National Security Constitution in the 21st Century’

Just Security is pleased to hold a symposium of leading experts engaging with Professor Harold Hongju Koh's recently-released The National Security Constitution in the 21st Century.
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Courts Blocked Georgia’s Hand-Count Rule, But Risk of Election Misinformation Remains

The hand-counting rule provides foreign adversaries with a potentially tailor-made narrative to spread election disinformation.
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