The legality of any new legislation needs to be challenged in court.

Unfortunately that can take many years and destroy many lives in the meantime. The state often uses "the process" as the punishment and will drop charges at the final moment to ensure it there is no successful challenge.

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Correction to last sentence:

The state often uses "the process" as the punishment and will drop charges at the final moment, ensuring there is no successful challenge.

I cannot assume motive.

They punish you with the process

Courts are part of the government.

They enforce laws made by the legislator, they are made of people picked according to the law, they are the mouth of the law.

Many laws which infringed upon human rights have been enforced by courts, sometimes correctly so (in the lack of higher laws preventing such violations).

A law can be morally illegitimate but legally valid. It must be challenged politically.