of this order is created according to the provisions of another norm and ultimately according to the provisions of the basic norm constituting the unity of this system, the legal order. A norm belongs to a certain legal order, because it is creatd by an organ of the legal community constituted by this order Creation of law is application of law. The creation of a legal norm is normally an application of the higher norm, regulating its creation. The application of higher norm is the creation of a lower norm, determined by the higher norm. A judicial decision is an act by which a general norm, a statute is applied but at the same time an individual norm is created binding one or both parties to the conflict. Legislation is creation of law. Taking it into account is application of law. The higher norm may determine the organ and the procedure by which a lower norm and the contents of the lower norm are created. For a norm the creation of which is not determined at all by another norm cannot belong to another legal order. The individual creating a norm cannot be considered the organ of the legal community, his norm-creating function cannot be imputed to the community, unless in performing the function he applies a norm of the legal order constituting the community. Every law-creating act must be a law applying act. It must apply a norm preceding the act in order to be an act of the legal order or the community constituted by it. When setting a dispute between two parties a court applies a general norm on statutory or customary law. Simultaneously the court creates an individual norm providing that a definite sanction shall be executed against a definite individual. The individual norm is related to the general norm as the statute is related to the constitution. The judicial function is thus like legislation, both creation and application of law. The judicial function is ordinarily determined by the general norms both as to procedure and as to the contents of the norm to be created, whereas legislation is usually determined by the constitution only in the former respect. 34. The general norm which attach abstractly determined consequences, has to be applied to concrete cases in order that the sanction determined in abstract may be orderdered and executed in concrete. The two essential elements of judicial functions are to apply a pre-existing general norm in which a certain consequence is attached to certain condition. The existence of the concrete conditions in connection with the concrete consequence are what may be called individualization of the general and abstract norm to the individual norm of the judicial decision. 35. The contention is that the constituent power is an exercise in legislature process. The constituent power, it is said. can exercise legislative as well as judicial and executive powrs. It is said that if a leislation can validate a matter declared invalid by a judgment the constituent power may equally do so. Special emphasis is laid on Art. 105 of the Constitution which is amended by the Constitution (Thirtyninth Amendment) Act. Article 105 (e) speaks of disqualificaiton by certain laws. The constitutional amendment seeks to amend Article 105 and remove the disqualification in the case of the Prime Minister and the Speaker. Reliance was placed on the decisions in Abeyesekara v. Jayatilake, 1932 AC 260 and Piare Dusadh v The King Empeor, 1944 FCR 61 = (AIR 1944 FC 1) that an amendment is supportable to invalidate a judgment. 36. Abeyesekera's case 1932 AC 260 (supra) is an authority for the proposition that the legal infirmity can be removed and active indemnity can be passed to relieve from penalties incurred.