That's just the result of the inability to challenge laws unless you're personally affected.
In Germany we have something called abstrakte Normen-Kontrolle, which does exactly what it sounds it does: Federal or state governments or a quarter of members of parliament can ask the Consitutional Court to review a law in the abstract and decide wether it's compatible with the constitution.
This saves a lot of headaches when it comes to laws that are on the books but unenforced, or are new and so far unchallenged.