Well said.
It's a weak and stagnant variant of democracy, where people say (to paraphrase): it doesn't matter what the people think, or say, or believe; or how their elected representatives vote; because you can just count on the courts (or some other force external-to-democracy) to clean up and fix everything. That's not democracy. That's shirking the hard parts of civic participatory democracy—offloading the burden onto a small group of elites who aren't meant to be morally load-bearing.
You've *failed* at liberal democracy if you've reached the point where your popularly-elected representatives are floating the suggestion of North Korean-style panopticons. (Or anything else as antithetical to core human rights).
Liberal democracy, if it should exist, is a zeitgeist of strongly-held shared values—not (only) a set of legal technicalities codified in a document somewhere.
Take it from a gay American dinosaur: you cannot trust the courts to do the right thing. The court system of any country is the system of last resort to dealing with issues after they have caused harm or suffering, and by design they’ve been overloaded with grievances to make it harder to stop any institutional harms.
The right time to stop this sort of action is before it becomes law. Ideally, a society should be educated and inoculated against such harmful activity such that the mere mention of an idea of such a plan is enough to ruin one’s career, nevermind letting it make it to an actual proposal or committee.
Stop putting faith in a court system operated by the same entities making the rules. You’re effectively waiting until the last possible moment to stop something after it’s done harm, which is highly irresponsible at the very least and does nothing to prevent harms from happening in the first place.