| New South Wales Constitution | |
|---|---|
 | |
| Overview | |
| Jurisdiction | New South Wales |
| Ratified | 18 August 1902 |
| Date effective | 18 August 1902 |
| System | State Government |
| Government structure | |
| Branches | |
| Chambers | |
| Executive | See New South Wales Government |
| Judiciary | See Judiciary of Australia |
| History | |
| Amendments | 97 (89 Parliamentary Amendments and 8 Constitutional Referendums) |
| Last amended | Government Sector Employment and Other Legislation Amendment Act 2024 |
| Citation | Constitution Act 1902 (NSW) |
| Signatories | Governor Harry Rawson |
| Supersedes | Constitution Act 1855 (NSW) |
The Constitution of New South Wales is composed of both unwritten and written elements that set out the structure of Government in the State of New South Wales. While the most important parts are codified in the Constitution Act 1902, 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 common law
- constitutional conventions,
- the Australian Constitution,
- the Australia Acts,
- any remaining applicable British legislation, such as the Bill of Rights 1689.[1]
The 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. However, unlike the Federal Constitution, the courts have found this does not mean there is a formal separation of powers at the state level.[2] It can also be amended through ordinary Acts of Parliament, however some sections can only be amended through a referendum of NSW voters.[3]
- ^ Twomey, Anne (29 October 2004). The Constitution of New South Wales. the Federation Press. pp. 25, 18. ISBN 9781862875166. Retrieved 12 January 2024.
- ^ R v Lydon; Ex Party Cessnock Collieries Ltd [1960] HCA 19, 103 CLR 15 (6 April 1960), High Court.
- ^ "The Constitution of New South Wales". Parliament.nsw.gov.au. Archived from the original on 14 December 2024. Retrieved 15 January 2019.