@Flatpackhamster - Re: I'm not sure.
> legislation is now being decided by judges
I think you misunderstand what has happening for a long time.
The Government (of whatever colour) decides it wants some legislation, so it knocks something together, makes great claims about it to the press, then enacts it in law.
Unfortunately, it then turns out to be vaguely worded and imprecise, which, of course, the Police, Security Services, Local Councils et al love, because that gives them the opportunity to abuse it (jail for not handing over your passwords? That was supposed to only be for anti-terrorism. Spying on people who may be trying to sneak their kids into a school they shouldn't? Ditto)
It's not until someone finally decides to stand up to the Authorities and can afford challenge this sort of nonsense in the Courts that we get some idea of what the law actually is and how it can be applied *without* breaching our Human Rights and Civil Liberties.
But, oh, the price that has to be paid first...