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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3,337 Articles
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections

The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.
A picture taken on June 7, 2011 in Paris shows the Château de la Muette, OECD headquarters, which also houses the FATF Secretariat.

The Financial Action Task Force: An Accountability Mechanism for the United States

The FATF Mutual Evaluation of the United States serves as an opportunity to promote the preservation of multilateral norms and standards.
Protesters hold placards outside the Red Cross offices in Ramallah, in the Israeli-occupied West Bank, on March 31, 2026, during a rally against a bill approved by Israel's parliament that would allow the execution of Palestinians convicted on terror charges for deadly attacks. Israel's parliament approved a bill on March 30, that would allow the execution of Palestinians convicted on terror charges for deadly attacks. (Photo by Zain JAAFAR / AFP via Getty Images)

Statement by Israeli International Law Scholars Concerning Israel’s New “Death Penalty for Terrorists” Law

Leading Israeli international law scholars' statement on how new Israeli death penalty law for certain terrorism crimes "violates basic rules of international law."
A wide view of the room shows Secretary-General António Guterres on a screen at left in the background, with curved rows of desks facing the screen in the photo's foreground.

What the Latest Session of the Commission on the Status of Women Reveals About Global Rights

CSW emphasized that women are at the forefront of combating global backsliding, and preserving their rights remains central to protecting rule of law and global stability.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

The Truth Behind Section 702 Query Statistics

Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches

A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.
The U.S. Supreme Court is seen on March 4, 2026 in Washington, DC.

A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government

Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.
The U.S. Department of Homeland Security emblem on the U.S.Immigration and Customs Enforcement building as seen on January 07, 2026 in Washington, DC.

How Secretary Mullin Can Reform DHS

If Secretary Mullin is serious about reforming DHS, then he should consider the following list of suggestions, based on information provided by whistleblowers.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702

Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.
A photo of different AI chatbot apps on a smartphone

AI Needs Accountability. We Can’t Rely on Companies and Governments Alone.

In a functioning democracy, citizens don’t fear who is in power because rules, not rulers, hold sway. The same principle should govern the future of AI.
Attendees hold signs advocating for voting rights and against the SAVE America Act at a rally to outside the U.S. Capitol on March 18, 2026 in Washington, DC.

The Trump Administration’s Strategy for Reshaping Elections 

The 2026 midterms is a critical test​ for whether election outcomes are determined by the will of the voters or by who controls the machinery of elections.
U.S. Defense Secretary Pete Hegseth stands at a podium​, delivering a speech to ​uniformed service members​.

Cuba Libre: One Man’s Morality or Our Law?

We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.
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