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.
3,470 Articles
When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.
Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
New International Criminal Court Sanctions and the Threat to U.S. Democracy
The U.S. sanctions against International Criminal Court judges and officials are a threat to constitutional rights in the United States.
Introduction to “Fight Back: How States Can Counter Authoritarianism” Series
State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
The Road to Dismantling the ICC Runs Through Tokyo
The ICC's ability to function will depend significantly on Japan's response to the U.S. sanctions against the Court's Japanese president.
The U.S. Government Must Preserve the Soft Power of Its Sanctions
To maintain sanctions' effectiveness as a tool, governments should strive to implement them with clarity, consistency, and credibility.
The Government’s Unexplained Reversal on Social Media Disclosure Requirements
Social media disclosure requirements implicate fundamental First Amendment rights, and the public has a right to know why they were implemented.
The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This interactive graphic offers one method.
The Court That Removed Its Own Prosecutor
After the vote to remove Karim Khan, it is urgent that the ICC appoint a new Chief Prosecutor whose ethical compass is beyond reproach.
No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine
Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.
Test, Standardize, Restrict: A U.S. Policy for Chinese AI Models
Neither banning Chinese advanced AI models nor ignoring their risks to national security will serve American interests.
Four Things State and Local Prosecutors Can Do to Combat Federal Corruption
State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.