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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3,470 Articles
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.

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers, Operation Southern Spear, Operation Absolute Resolve

Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.
View of the judge's bench from the audience inside a federal courtroom in Federal District Court in Manhattan on June 6, 2025 in New York City.

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action

The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
The Washington Monument reflects in the Capitol Reflecting Pool at sunset on a warm evening on June 2, 2025 in Washington, DC.(Photo by Kevin Carter/Getty Images)

The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability

This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.
The Authority of Law statue by is seen in front of the United States Supreme Court building.

U.S. Supreme Court’s Rejection of the “Presumption of Regularity”

Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
A law enforcement officer in riot gear and a gas mask stands in the foreground, seen through a chained fence. Behind the fence, protesters hold signs reading "ICE OUT NOW," "RESTORE CONSTITUTIONAL LAW," and "ICE KILLS."

Collateral Accountability: The Oldest Check on Federal Lawlessness

As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
Syrians gather as they celebrate in front of the Palace of Justice after the court proceedings, in Damascus on August 11, 2026

A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability

Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.
U.S. Secretary of State Marco Rubio standing before an American flag.

Why the Trump Administration is Pushing States to Quit the ICC, and How Member States Can Push Back

States parties should use the United States’ bid for support in its fight against the ICC to push back on Washington’s attempt to dismantle the Court.
A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.
Von der Leyen, in a white shirt and a light-red suit jacket, shakes hands with Frostadottir at the left of the image in a dark brown suit, both smiling towards the camera against a royal blue backdrop flanked by their respective flags -- blue with a red and white cross for Iceland and blue with a circle of gold stars for the EU.

Is Trump pushing Iceland into the EU?

Iceland may seek European integration partly as a hedge against a more capricious and unpredictable United States, and others may follow.
General Dan Caine, Chairman of the Joint Chiefs of Staff speaks at the National Defense University's graduation ceremony on June 11, 2026.

“Can We Do This?”: The Role of Military Leaders and Their Legal Advice

On the role of U.S. military leaders in addressing legal constraints and strategic questions.

Sword of the People: The Power of Grand Juries to Investigate Administration Corruption

The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.
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