Malcolm Rivera
New South Wales (NSW), a state on Australia's east coast, has its own constitution, which dates back to 1856 and is currently the Constitution Act 1902 (NSW). The New South Wales Constitution Act 1855 established a bicameral parliament and provided for extensive powers over domestic matters, including revenue raising and land. However, Britain retained the power to disallow colonial legislation. The form of the NSW government is prescribed in its constitution, with executive power formally vested in the Executive Council, led by the Governor. While NSW has its own constitution and government, it is not a republic but a state within the Commonwealth of Australia, with the Australian Constitution regulating its relationship with the Commonwealth.
| Characteristics | Values |
|---|---|
| Is New South Wales a republic? | No, New South Wales is a state on the east coast of Australia. |
| Is New South Wales a colony? | New South Wales was founded as a British penal colony in 1788. Since 1901, New South Wales has been a state of the Commonwealth of Australia. |
| Does New South Wales have a constitution? | Yes, the New South Wales Constitution Act 1855 established a bi-cameral parliament. The current constitution is the Constitution Act 1902. |
| Who is the head of state of New South Wales? | The current governor of New South Wales is Margaret Beazley. |
| Who is the premier of New South Wales? | As of early July 2023, the premier is Chris Minns of the Labor Party. |
| How often are elections held in New South Wales? | Elections are held every four years on the fourth Saturday of March. |
| Who can amend the New South Wales Constitution? | Certain parts of the constitution can only be amended by the people of New South Wales at a referendum, while other parts can be amended by the New South Wales Parliament. |
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What You'll Learn
- New South Wales is a state of Australia
- The New South Wales Constitution Act 1855
- The Australian Constitution regulates NSW's relationship with the Commonwealth
- The NSW Constitution can be amended by the people or the NSW Parliament
- The NSW Constitution Act 1902 was amended in 2006 to remove allegiance to the Queen
New South Wales is a state of Australia
New South Wales (NSW) is a state of Australia. It is located on the east coast of the country and is bordered by Queensland to the north, Victoria to the south, and South Australia to the west. NSW was founded as a British penal colony in 1788 and originally comprised more than half of the Australian mainland. Today, it is Australia's most populous state, with over 8.3 million people as of December 2023. Its capital, Sydney, is also the country's most populous city.
The state has its own constitution, the New South Wales Constitution Act, which dates back to 1855. The Act established a bicameral parliament, consisting of a Legislative Assembly and an appointed Legislative Council. The first responsible self-government of NSW was formed in 1856, and the current Constitution Act is from 1902. While the Australian Constitution regulates NSW's relationship with the Commonwealth, the state has retained independence in areas beyond the legislative and judicial powers ceded to the Commonwealth.
The form of the NSW government is prescribed in its Constitution. Executive power is formally exercised by the Executive Council, which includes the Governor and senior ministers. The current governor is Margaret Beazley. The leader of the parliamentary political party that commands a majority in the Legislative Assembly is commissioned as the premier by the governor. As in other Westminster systems, there is no constitutional requirement for the government to be formed from the parliament in NSW, only a convention.
The NSW Constitution provides for the state's legislature to have the power to make laws for the "peace, welfare, and good government of New South Wales in all cases whatsoever". Certain parts of the constitution can only be amended by the people of NSW through a referendum, while other parts can be amended by the state parliament. The relationship between the states and the Commonwealth is addressed in Chapter V of the Australian Constitution, ensuring that state laws do not conflict with federal laws.
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The New South Wales Constitution Act 1855
New South Wales is not a republic, but it does have a constitution. The New South Wales Constitution Act 1855 established a bicameral parliament with a Legislative Assembly elected on a broad property franchise and an appointed Legislative Council. The Act provided for wide powers over domestic matters, including revenue raising and land. However, Britain retained the power to disallow colonial legislation and the power to make appointments to public office.
The demand for self-government in New South Wales had been growing, and a draft Constitution for New South Wales was prepared by a Legislative Council committee headed by William Wentworth. This draft was amended by the British authorities, who thought it allowed too much self-government, before being put as a Schedule to an Imperial Act. The New South Wales Constitution Act 1855 received the Royal Assent on 16 July 1855.
The Act was criticised by New South Wales colonists for not providing enough local control of revenue and for not giving the Legislative Council full powers. Despite these criticisms, the Act did provide for a significant degree of self-government, with the intention of establishing a 'responsible government' with Ministers of State drawn from the Parliament.
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The Australian Constitution regulates NSW's relationship with the Commonwealth
New South Wales (NSW) is a state on the east coast of Australia. NSW was founded as a British penal colony in 1788 and originally comprised more than half of the Australian mainland. The first responsible self-government of NSW was formed in 1856, and the current form of the NSW government is prescribed in its Constitution, dating from 1856 and currently the Constitution Act 1902 (NSW).
Since 1901, NSW has been a state of the Commonwealth of Australia, and the Australian Constitution regulates its relationship with the Commonwealth. The Australian Constitution provides that NSW cedes certain legislative and judicial powers to the Commonwealth but retains independence in all other areas.
The NSW Constitution provides that the Legislature has the power to make laws for the peace, welfare, and good government of NSW, subject to the provisions of the Commonwealth of Australia Constitution Act. The Parliament of NSW is composed of the Sovereign and two houses: the Legislative Assembly (lower house) and the Legislative Council (upper house).
Executive power in NSW is formally exercised by the Executive Council, which consists of the Governor and senior ministers. The Governor commissions as premier the leader of the parliamentary political party that can command a simple majority of votes in the Legislative Assembly. The premier then recommends the appointment of other members of the two Houses to the Ministry, under the principle of responsible government.
In 2006, the Constitution Amendment Pledge of Loyalty Act 2006 No 6 was enacted to amend the NSW Constitution Act 1902 to require Members of the NSW Parliament and its Ministers to take a pledge of loyalty to Australia and the people of NSW instead of swearing allegiance to the British monarch. The Pledge of Loyalty Act was officially assented to by the Queen in 2006, and the option to swear allegiance to the Queen was restored as an alternative in 2012.
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The NSW Constitution can be amended by the people or the NSW Parliament
New South Wales (NSW) is a state on the east coast of Australia. It has been a state of the Commonwealth of Australia since 1901. The Australian Constitution regulates its relationship with the Commonwealth. The form of the NSW Government is prescribed in its Constitution, dating from 1856 and currently the Constitution Act 1902 (NSW). The NSW Constitution can be amended by the people or the NSW Parliament.
The NSW Constitution is composed of both unwritten and written elements that set out the structure of the Government in NSW. The most important parts are codified in the Constitution Act 1902, but major parts of the broader constitution can also be found in important constitutional statutes, such as the Parliamentary Electorates and Elections Act 1912 or the Supreme Court Act 1970. The Constitution Act 1902 sets out many of the basic principles of the NSW Government, providing for an executive, legislative, and judicial branch.
The NSW Constitution can be amended through ordinary Acts of Parliament. However, some sections can only be amended through a referendum of NSW voters. There have been 18 referendums in NSW, 8 of which concerned proposals to amend the NSW Constitution, half of which concerned the Legislative Council. For example, in 1929, the parliament passed an amendment to the Constitution Act, inserting section 7A, requiring a referendum before the Legislative Council could be abolished.
The NSW Constitution Act 1902 also provides for the NSW Governor, acting on the advice of the Executive Council, to make appointments to public office. The Executive Council consists of the Governor and senior ministers. The Governor commissions as premier the leader of the parliamentary political party that can command a simple majority of votes in the Legislative Assembly. The premier then recommends the appointment of other members of the two Houses to the Ministry, under the principle of responsible or Westminster government.
The NSW Constitution says: "The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have the power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever." The NSW Parliament has the power to make laws for the peace, welfare, and good government of NSW. However, under the Australian Constitution, NSW ceded certain legislative and judicial powers to the Commonwealth, retaining independence in all other areas.
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The NSW Constitution Act 1902 was amended in 2006 to remove allegiance to the Queen
New South Wales is not a republic, but it does have a constitution. The New South Wales Constitution Act 1855 established a bicameral parliament with a Legislative Assembly and an appointed Legislative Council. The Act provided for wide powers over domestic matters, including revenue raising and land.
The NSW Constitution Act 1902 sets out many of the basic principles of the Government of New South Wales and provides for an executive, legislative, and judicial branch. The Act can be amended through ordinary Acts of Parliament, although some sections can only be amended through a referendum of NSW voters.
In 2006, the NSW Constitution Act 1902 was amended to remove the requirement for members of the Legislative Council, Legislative Assembly, and Executive Council to pledge allegiance to the Queen, her heirs, and successors. This amendment, known as the Constitution Amendment (Pledge of Loyalty) Act 2006, replaced the oath of allegiance with an oath of loyalty to Australia and the people of New South Wales.
The 2006 amendment states that a "Member of the Legislative Council or the Legislative Assembly is not permitted to sit or vote in the House to which the Member has been elected until the Member has taken the pledge of loyalty." This change reflects the desire to prioritize loyalty to the state and its people over allegiance to the monarch.
It is worth noting that in 2012, a further amendment was made to the Constitution Act 1902, known as the Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012. This amendment restored the option for members to take an oath of allegiance to the Queen, her heirs, and successors, in addition to the pledge of loyalty. This change provided flexibility, allowing members to choose between the two options according to their preferences and beliefs.
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Frequently asked questions
No, New South Wales is a state of the Commonwealth of Australia and has been since 1901. The Australian Constitution regulates its relationship with the Commonwealth.
Yes, New South Wales has had a constitution since 1856, currently the Constitution Act 1902 (NSW).
Yes, certain parts of the constitution can be amended by the people of New South Wales at a referendum. Other parts can be amended by the New South Wales Parliament like any other normal Act.
