Sir John Latham, upon his retirement, said that when he was dead, section 92 of the constitution would be found written on his heart. This might well have surprised whoever did the autopsy. It is hardly a lyrical sentiment to tattoo on one’s arm or engrave on one’s heart.
Given how much angst and aggravation section 92 has caused – and Latham, as a former attorney-general and chief justice of the High Court, felt it from both sides of the bench – it might more likely be found written on the spleen.
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Anne Twomey is a Professor of Constitutional Law at the University of Sydney
