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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3,366 Articles

The Right to a Unanimous Verdict and the Jury Instructions in People v. Trump

In The People of the State of New York v. Donald J. Trump, Justice Juan Merchan issued a set of jury instructions—55 pages in length. Merchan permitted the jury to convict based…

“True Threats” and the Difficulties of Prosecuting Threats Against Election Workers 

On August 17th, 2022, ten election workers were conducting primary early voting at the Sunrise Senior Center in Broward County, Florida. Six or seven voters were at the center…
Sheinbaum is shown standing apparently on a stage in a square with people behind her, her arms spread wide in victory and a broad smile on her face.

With Watershed Election, Claudia Sheinbaum Must Address Mexico’s Human Rights Crisis

Winning the most votes ever and controlling Congress and most state legislatures, the first woman to hold the office will have the power.
SPLA Leader John Garang extends his hand in greeting into a crowd of Sudanese civilians.

Rebel Laws in Conflict: From Law-Taking to Law-Making and Law-Adapting

While legislating is traditionally seen as a role of the State, armed groups impose “rebel law” over ~64 million people in contested regions.
Computer screen displaying a Chinese AI chat bot. An error message in Chinese characters states, "Try another question" in response to an inquiry about a potential war with Taiwan.

Open Source AI: The Overlooked National Security Imperative

The AI-driven world of the future will be highly dependent on the widespread availability of open source models.
The image shows a crowd holding banners and placards. One large banner says, "Solidarity Trumps Hate," and another says, "Black Trans Lives Matter."

Clowns, Reverse Boycotts, and Involuntary Walkathons: How Communities are Making Political Violence Backfire

Across the US, community action is raising the costs of political violence while strengthening pro-democracy norms and behaviors.
Former U.S. President Donald Trump departs the courthouse

A Manhattan Jury Has Placed a Question Mark on the Trump Presidency

Through the jury instructions, the falsified records became inseparable from what prosecutors described as a “subversion of democracy.”
White House with red flowers in the foreground

The Nuts and Bolts of Enforcing AI Guardrails

More work is needed to ensure U.S. federal agencies have the resources to implement essential AI safeguards.
Two men pushing together the doors on a large, metal outdoor fence comprising a section of the US border wall.

Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement

Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.

What to Expect in the Closings at the Trump Trial

A detailed account of the paths that the prosecution and defense can and will likely take, based on a meticulous account of the trial record.

Assessing the Intelligence Community’s Policy Framework for Commercially Available Information

The ODNI's framework on CAI still gives the intelligence community too much discretion in determining how certain principles are applied.
The U.S. Capitol in Washington, D.C.

Budget Cuts as Alternative Congressional Oversight Enforcement Mechanism

It is easy, especially for litigation-minded lawyers, to focus the most attention on investigation enforcement mechanisms like contempt, but in Congress the vast majority of enforcement…
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