International and Comparative Law

The National Security Constitution in the 21st Century

A part of the Dean Robert G. Storey Rule of Law Lecture Series

Webinar - 10:30 AM to 11:30 AM CDT (UTC -5)

Past Event

Details for connecting to the webinar will be sent shortly before the event. If you registered but did not receive a link, please email Brandon White.

10:30 AM to 11:30 AM CDT (UTC -5)

Registrar: +1.972.244.3403
SWIICL: +1.972.244.3410
Fax: +1.972.244.3401


As the 2024 presidential election approaches, a question asked about both parties’ candidates is whether they will be accountable to the rule of law in foreign affairs? The rule of law critically depends on accountability. In a constitutional framework, much of this accountability is secured through shared powers and balanced institutional participation in critical decision-making. Foreign policy - and national security - decision-making should be no different. Yet, as Dean Harold Hongju Koh has outlined in his new book, 'The National Security Constitution in the 21st Century" (Yale University Press 2024), this constitutional framework is under attack from competing claims of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. Dean Koh has been a thought leader on the National Security Constitution since at least the publication of his 1990 award-winning National Security Constitution. He now returns to the subject in light of the presidencies of the first quarter of the twenty-first century. As he will outline, national security threats have incentivized presidents to monopolize foreign policy decision-making, Congress to defer, and courts to rubber-stamp. He will argue that a workable strategy exists to restore the balance of constitutional order and address modern global crises within the bounds of the rule of law.

Registration is complimentary as a service to our International community. Details for connecting to the webinar will be sent shortly before the event.


Picture of Harold Hongju Koh

Harold Hongju Koh
Sterling Professor of International Law
Yale Law School

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