So, apparently the way it works now:
Laws should be passed by the legislature.
If that does not result in the law you want, you have two choices
-Take it to a judge who will legislate from the bench OR
-Take it to an administrative channel which may provide regulations to accomplish what the legislature would not.
If a judge cannot/will not legislate or judicially accomplish what you want, go the adiministrative route.
If the administrator cannot/will not do what you want, go to court.
But in all cases, keep shopping unitl you get the response you want.
Seems kind of circular, rather than checks and balances to me.