Their powers are quite distinct. The movement of the one always
accords with the procedural forms and conditions imposed upon it. The other is not subject to any particular form. It can assemble and deliberate
as would the nation itself if, consisting of no more than a small number of
individuals, it decided to give its government a constitution. These are
not useless distinctions. All the principles just invoked are essential to the
social order. That order would not be complete if it came up against a
single case where it could not identify rules of conduct able to meet
every eventuality