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Abstract
The thesis seeks to shed light on the extent to which Sir John Latham's personal or political convictions were a discernible influence on his judicial reasoning in cases on national security which came before him as Chief Justice of the High Court. Latham held the post from1935 for some 17 years which covered peacetime, World War II and the 'Cold War'. While Latham is probably best known to Australian lawyers as a former Chief Justice, his career path to the Court was diverse and possibly unique in Australian judicial history. It included a period in intelligence, followed by a role in international negotiations over Australia's post-World War I national security, and then three terms as Attorney-General in conservative national governments. Latham's activist conservative background led to speculation that, despite his earlier public commitment to rationalism, he would fail to act with impartiality as a judge in cases involving national security. As Chief Justice, Latham often affirmed that he would never deviate from the application of purely legalist method in his judgments. The first part of the thesis contains an analysis of Latham's views on national security issues prior to his elevation to the Court, principally as revealed through a review of his private papers, bequeathed to the National Library of Australia. The second part takes the form of a doctrinal analysis of the relevant judgments, designed to reach conclusions on the extent to which his judgments differed from those of his colleagues or from earlier case law, or his own prior views as a politician, and the extent to which such differences might be seen to derive from Latham's own convictions. The thesis thus combines elements of legal history with doctrinal legal analysis.