I can see where you're coming from but this analogy does not hold up. The German Constitutional Court (GCC) does exercise its powers, but it tries not to break anything, therefore it gives the responsible actors some time to change the law/their behavior. Maybe another example: The Court decided that the (specific calculation of the) German property tax was unconstitutional. But if they just declared the whole tax void, this would have been an enormous problem for the state financing. Therefore they decided that the Government had roughly one year to set up a new system that would follow the constitutional requirements as laid out by the Court. This is what the government has done and now the requirements are fulfilled.