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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3,433 Articles
Seen from an aerial view, immigrants walk along the U.S.-Mexico border wall

What Should Courts Do If a Future President Invokes the Alien Enemies Act to Deport Immigrants?

Congress can repeal the Alien Enemies Act to safeguard against Trump's threat to conduct mass deportations without hearings.
Minister of Foreign Affairs of Canada Melanie Joly speaks during the Eleventh Emergency Special Session of the General Assembly on Ukraine, at UN headquarters

Canada’s Special Economic Measures Act Under International Law

Alternatives to SEMA would ensure that Canada abides by international law in pushing back against Russia's violation of the U.N. Charter
Manhattan District Attorney Alvin Bragg speaks during a press conference

Manhattan DA Requests ‘Narrowly Tailored’ Gag Order on Trump Before March Trial

Manhattan DA Bragg asked a judge to impose a “narrowly tailored” gag order on Trump in his first criminal case expected to go to trial.
Rows of American flags in front of the U.S. Capitol building.

Book Excerpt: “Attack from Within: How Disinformation is Sabotaging America” by Barbara McQuade

Excerpted from "Attack from Within: How Disinformation is Sabotaging America" by Barbara McQuade, published by Seven Stories Press.
Protesters hold up signs.

UN Fact-Finding Mission Should Recognize Gender Persecution in Iran

The 55th Session of the U.N. Human Rights Council should also include renewing the mandate of the fact-finding mission.
Various countries' flags in front of UN building and fence with UN symbol

National Security at the United Nations This Week (Feb. 19-Feb. 23)

Our weekly series on developments at the United Nations at the intersection of national security, human rights, and the rule of law.
Attorney General Letitia James speaks during a press conference

What to Expect Following Trump’s Civil Fraud Judgment: A Primer on the Appeals Process and More

Answering questions about appellate procedures and how former President Trump may try to stop or limit $450m civil fraud judgment.
Russian opposition leader Alexei Navalny, his wife Yulia, opposition politician Lyubov Sobol and other demonstrators take part in a march in memory of murdered Kremlin critic Boris Nemtsov in downtown Moscow on February 29, 2020. The crowds hold high white-blue-red flags of Russia all around them. (Photo by KIRILL KUDRYAVTSEV/AFP via Getty Images)

Russian Opposition Searches for Shreds of Hope After Navalny’s Death

Lines to endorse an antiwar candidate for president and to lay flowers in memory of Navalny show courage and a desire for democracy.

Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military

An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.
Judge Arthur Engoron at the bench

Trump Must Pay $450m Civil Fraud Judgment, But Now Avoids Corp Death Penalty

Trump must pay more than $350 million in “ill-gotten” gains—and can't run a New York business for three years, a judge ruled on Friday - but also clawed back an earlier remedy.
MUNICH, GERMANY - FEBRUARY 16: People leave flowers during a vigil for Alexiei Navalny in front of the Russian Embassy on February 16, 2024 in Munich, Germany. The death of Russian opposition politician, Alexi Navalny, 47, was announced this morning by the Russian Prison Service. Alexei Anatolievich Navalny was a Russian opposition leader, lawyer, anti-corruption activist and political prisoner. Born in Butyn' in 1976, he refounded the Russia of the Future party in 2018 and organised anti-government demonstrations. He was an advocate against corruption in Russia, and against President Vladimir Putin and his government. Navalny was hospitalised in 2020 for poisoning by a novichok agent and accused President Putin of being responsible. An investigation implicated agents from the Federal Security Service. In 2022 he was jailed for nine years after a trial for embezzlement which was labelled a sham by Amnesty International. He is survived by his wife, Yulia Navalnaya and two children.

Navalny’s Death and the Kremlin

The cause of a better Russia for which Navalny gave his life is neither a lost nor impossible cause.
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The ABA Urges Action Against Abusive Commercial Spyware, and Policymakers Should Listen

The leading association of American lawyers added its voice to the chorus of concern surrounding the proliferation of commercial spyware.
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