actual person, the designation of him must include statement or rules for the ascertainment of his will, and these rules since their observance is a condition of the validity of his legislation, are rules of law logically prior to him. See Latham: "The Law and the Commonwealth" (O. U. P. 1949) p. 523. The extraction of a precise expression of will from a multiplicity of human beings is, despite all the realists say an artificial process and one which cannot be accomplished without arbitrary rules. It is therefore an incomplete statement to say that in a state such and such an assembly of human beings is sovereign. It can only be sovereign when acting in a certain way prescribed by law. At least some rudimentary manner and form is demanded of it: the simultaneous incomherent cry of a rabble, small or large, cannot be law, for it is unintelligible See Latham: "What is an Act of Parliament"? 1939 Kings Counsel. p. 152. 370. Sir Frederick Pollock has said that supreme legal power is one sense limited by the rules which prescribe how it shall be exercise. Even if no constitutional rule places a limit or boundary to what can be done by sovereign legal authority, the organs which are to exercise it must be delimited and defined by rules. See Geoffrey Marshall: Constitutional Theory. p. 40-41. 371. So, the questions to be asked are: how is parliament composed? How does parliament express its will? 372. The rules which identify the sovereign are as important as the institution so identified. If this is so, it is open to the court to see whether a parliament has been properly summoned in order to decide the question whether a measure passed by it answers the description of a statute or an Act and that parliamentary roll, if such a thing exists, is not conclusive. 373. As to Parliamentary Roll, Heuston has said: "The 'Parliamentary Roll', whatever exactly it may have been, disappeared in England a century ago, though even good authors sometimes write as if it still exists. Since 1849 there has been no 'Roll', simply two prints of the Bill on durable vellum by Her Majesty's stationery Office, which are signed by the Clerk of the Parliament and regarded as the final official copies. One is preserved in the Public Record Office and one in the library of the House of Lords".* 374. Article 122 (1) provides that the validity of any proceedings in Parliament shall not be called in questions on the ground of any alleged irregularity of procedure. So, even if there is any irregularity in the procedure in the passing of the statute, it is not open to a court to question its validity. But this is distinct from the question whether the two Houses have been properly summoned and the composition of the Session was proper. 375. The Solicitor General said that if a member is excluded from participating in the proceedings of a House, that is a matter concerning the privilege of that House as the grievance is one of exclusion from the proceedings within the walls of the House. And, in regard to the right to be