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25 Roger Williams U. L. Rev. 1 (2020)

handle is hein.journals/rwulr25 and id is 1 raw text is: 











Articles




Judicial Independence: Origins and
Contemporary Challenges*


David J. Barron**


    I want to thank Chief Judge Smith and Judge McConnell for
inviting me to speak to you at this conference. The theme that you
have  chosen-independence and the courts-is always an
attractive one for a judge to talk about. For one thing, there are not
many  judges who have to think very hard about whether they are
for it. For another, there are not that many topics that such judges
can talk about publicly, and this is one of them. It is hard to go
wrong-e  specially if you defend judicial independence, which I plan
to do. But,  beyond self-interest, judicial independence is an
important topic in its own right, and now more than ever. And so,
I am pleased to offer some reflections about the origins of this idea
in our  constitutional system and some  of the  contemporary
challenges to it.
    The challenges to judicial independence at present are, as you
all know, quite real. At certain moments, concerns about judicial
independence do become more salient than in others-not only here
in our country but also globally. And it is quite evident that this
issue has become salient in constitutional democracies the world
over. The salience of this issue may be attributed at present to the

   *  Text of speech delivered on October 18, 2019 at the 2019 District
Conference of the United States District Court for the District of Rhode Island.
  **  Circuit Judge, United States Court of Appeals for the First Circuit.


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