It Is Impossible To Enforce Restraints Of Sovereign Power

During periods I and II it was universally recognized, as it is now only incompletely perceived, that it is impossible to enforce restraints on sovereign power in the routine way ordinary law is enforced. As sovereign power is by definition the strongest force in the community; it cannot be made to accede to limits it will not voluntarily accept. Fundamental law, consequently, was to be enforced by electoral or other political action. If these were insufficient, revolution or the threat of revolution was the only recourse. If the judiciary attempted to enforce fundamental law, as period 2 judicial review successfully argued it could, the judiciary functioned necessarily as a substitute for
revolution.