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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3,469 Articles
A wooden judge's gavel rests on a copy of the U.S. Constitution, with the opening words 'We the People' visible, set against a folded American flag.

“Fight Back: How States Can Counter Authoritarianism” Series

A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.
Woman's hand placing a 2020 mail-in election ballot in a rural mailbox

The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case

Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case
The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.

What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector

Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.
Chicago Mayor Brandon Johnson holds a white "Protecting Chicago" sign that reads "Private Area, No Trespassing — You Do Not Have Consent To Enter For Civil Immigration Enforcement Purposes," with Chicago.gov/Protect and 12th Ward Alderwoman Julia Ramirez's contact information listed at the bottom.

Cities as Nodes of Resistance

Over 175 years later, cities’ historic role as hubs of resistance takes on renewed resonance in today’s era of rising authoritarianism in the United States.
The exterior and the logo of the International Criminal Court (ICC) in The Hague on March 28, 2026.

The Int’l Criminal Court as a “Strategic Weapon”: Legal Deterrence, Cognitive Advantage, and the Future of the Rule of Law

States committed to the rule of law can use the International Criminal Court to maximize the cost of adversaries' military aggression.

The Case for a German Structural Investigation into Crimes against Humanity in Iran

Experts argue that Germany should open a structural investigation into Iran's December 2025 and January 2026 crackdown on protesters.
A sign with the name and logo is seen outside the International Criminal Court (ICC) in The Hague.
In a tense-filled scene, six people are gathered on the far side of an oakwood-colored table scattered with papers and pens, a coffee dispenser and disposable cups in the foreground and a suited man standing in shadows at the back left. Rice has an expression of concern as she's looking to her left toward Cheney on the phone. Three of the other people around her, two women including Hughes and a man, stand around her and one man kneels to her right, all focused on the phone conversation Cheney apparently is having the the president.

A Quarter Century After 9/11: Lessons Learned and Lost

A former member of the George W. Bush administration’s National Security Council reflects on what the United States got right and wrong in its response to the 9/11 attacks.
The site of a strike on a girls' school in Minab, in Iran's southern Hormozgan province, on February 28, 2026

Just Security Podcast: Has the United States Violated the Law of Armed Conflict in the Iran War?

Host Ryan Goodman is joined by an expert panel to discuss whether the United States has violated the law of armed conflict in its war against Iran.
Close-up view of the California State Capitol dome in Sacramento, featuring allegorical sculptures beneath a row of Corinthian columns.

State Imperatives to Protect Civil Rights for All

States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.
Two hands fanning out a stack of multi-colored Kenyan currency bills.

Civil Society Donors Should Heed the Risks of FATF Grey List-Induced Panic

The Financial Action Task Force's designations of countries to thwart terrorism financing more often result in governments suppressing civil society than in real reform.
The USS Gravely, a US Navy warship, departs the Port of Port of Spain on October 30, 2025.

America’s War on Drug Smugglers at Sea Is Unlawful—and It Is Failing

U.S. strikes against suspected drug-trafficking vessels mark an unlawful expansion of military force into what has long been—and should remain—a law enforcement mission.
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