OPINION: Gough Whitlam led a government that mixed controversy and turmoil with unprecedented achievement. His successes were nowhere more evident than in the field of legal reform. Here his commitment went beyond party policy. It was personal.

His father was the Commonwealth Crown Solicitor and a member of United Nations committees that drafted the world's most important human rights instrument, the Universal Declaration of Human Rights of 1948. Whitlam himself trained as a lawyer, and his early political activity involved campaigning among his RAAF squadron for a "Yes" vote in the failed 1944 referendum on post war-reconstruction.

After being elected to the Federal Parliament in 1952, Whitlam became the youngest member of the Joint Committee on Constitutional Review. From this point on, he campaigned tirelessly for legal change and better human rights protection. Australia has never had a more forceful and effective campaigner for these causes. They were an inescapable part of his vision of a more just and equitable Australia.

I was fortunate to get to know Whitlam well as I began my own career. What struck me was that, among his many achievements, he often identified one of his proudest as not losing a single case in the High Court during his time in office. He achieved this despite the inventive and contentious nature of his policies, and the willingness of his opponents to test these in a High Court lead by former political opponent Sir Garfield Barwick.

Whitlam was less successful when it came to amending the Constitution. He had a grand agenda, but it was never realised. He put referendums to the people in 1973 and 1974 to bring about six changes, including giving the Commonwealth power over prices and incomes, and one-vote, one-value in federal electorates. Each was soundly defeated.

Whitlam's legacy instead lies in the law reforms he managed to navigate through Parliament. He did so with the benefit of the leadership of his courageous Attorney General, Senator Lionel Murphy.

One his most important reforms was the Family Law Act. It altered the basis upon which a marriage can be dissolved by doing away with the notion that this requires evidence of guilt, such as adultery or cruelty. The law was changed to a single, no-fault ground for divorce – the irretrievable breakdown of the marriage as shown by the parties having separated for 12 months. This has had an enormous impact upon the lives of countless thousands of Australians, who have since been able to achieve a more dignified end to their relationships.

In the field of human rights, Whitlam sought to bring about an Australian Bill of Rights. This was introduced into Parliament, but failed to pass the Senate. Instead, he pursued equal pay for women and achieved a national, publicly-funded legal aid scheme, oversaw the abolition of the death penalty for federal crimes and, 10 days before his dismissal on November 11, 1975, had Parliament enact one of Australia's most significant statutes, the Racial Discrimination Act.

The Racial Discrimination Act cemented for the first time in Australian law the principle that no one should be treated differently because of their race. It has acted as a powerful protector, especially for Aboriginal people, and marked a historic shift from the race-based distinctions that had bedevilled many Australian statutes.

Aboriginal people and their rights of self-determination were a particular focus. As Whitlam said in his 1972 "It's Time" campaign speech, "We will legislate to give aborigines land rights – not just because the case is beyond argument, but because all of us as Australians are diminished while the aborigines are denied their rightful place in this nation".

Whitlam established a royal commission into land rights, and in response to its findings introduced the Aboriginal Land Rights (Northern Territory) Bill. His government was dismissed before it could be passed, but the Fraser government resubmitted it to Parliament virtually unchanged in 1976, at which point it was enacted.

One of Whitlam's abiding passions was electoral reform. He emphasised participation and wanted every Australian to have a fair, equal choice. Early in his time as prime minister, the voting age was lowered from 21 to 18. After the double dissolution election of 1974, he also managed to shepherd contentious legislation for the representation of the territories in the Senate through a historic, and at this point still unique, joint sitting of both Houses of Parliament.

From its inspired beginning to its tumultuous end, Whitlam's time as prime minister was inextricably linked to law reform and the Constitution. He achieved more success in this area, and in a shorter period, than any other prime minister. His reforms were visionary and nation-building. Their success can be measured by the fact that so many remain in place today.

George Williams is the Anthony Mason Professor of Law at UNSW.

This opinion piece was first published in The Sydney Morning Herald.