68
of
the
highest
tribunal.
This
principle,
in
the
phrase of an English constitutional lawyer, provide
the only adequate safeguard which has hitherto been
invented against unconstitutional legislation. It is,
in truth, the sine qua non of the constitutional
structure. So long, therefore, as the constitution
shall
endure,
deciding
in
this
tribunal
the
peaceful
must
exist
forms
of
with
it,
judicial
proceedings the angry and irritating controversies
between sovereignties, which in other countries have
been determined by the arbitrariness of force. Again,
speaking of the rule of law, Prof. Schwartz observed:
“Closely related to what has just been said
is a third essential of the rule of law –
that
there
are
certain
fundamental
principles above the State itself, which the
State, sovereign power though it be, cannot
abrogate. Government action is valid only if
it does not conflict with these principles.
The
principles
usually
in
comprehend
question
by
are
the
those
we
expression
individual rights of the person. They are