This is the doubled edged nature of prosecutorial discretion.
However once the legislative branch surrenders oversight over executive there isn't much left keeping the system in balance. Even if judicial branch would call a measure unconstitutional, who'd execute that ruling?
The system is built around the assumption that a notable part of the system wants to keep it alive.
So nada.
In consequences there are many flaws and a lot is stuck in post WW2 thinking, but I doubt there is a realistic chance of anything overall better.
The current U.S. administration tries to reshape things by disruption, we will see how this goes, but I doubt this will earn trust and buy-in from others. Thus not lead to a stable and "better" system. (While better, of course, is not globally objective, which again is key to the problem)
As Hobbes wrote so eloquently, we keep that compact because the alternative is "continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short"
We're currently exploring how many of those rules are really necessary, and, as a society, have decided to mostly shrug off that exploration.
That is the part that's changed. A willingness to ignore the rules by some, and a collective shrug by most.