Why shouldn't the Speaker of the House be a Retired Judge or a current member of the Judiciary, appointed by the Judicial Executive.

This is a really interesting question Peter. 

Section 35 of the Australian Constitution states the Speaker of the House of Representatives must be a member of the House of Representatives and be chosen by the other members of the House to be their spokesperson and chair its meetings.

Appointing a current judge to the position of Speaker would also be against the principle of the separation of powers. This principle proposes the power to govern should be divided between different bodies to avoid any one branch having too much the power. In Australia power is divided between a law-making body (parliament), an executive body (executive government) and courts (judiciary). Having a judge as the Speaker of the House of Representatives would lead to the judiciary having law-making power.

The Speaker of the House of Representatives in the Speaker's chair. There is a carving of leaves in the wood behind him.

The Speaker of the House of Representatives.

Penny Bradfield/DPS Auspic

The Speaker of the House of Representatives.

The Speaker of the House of Representatives in the Speaker's chair. There is a carving of leaves in the wood behind him.

Penny Bradfield/DPS Auspic

Description

A man in a suit sits in a large green chair in front of a carved wooden screen. Three people in black robes and wearing face masks sit at a table below him. On the other side of a clear scressn there are books and boxes. A man in a suit stands at the table, resting his hand on one of the boxes.