The issue is that there’s nothing that requires prosecution, just allows it.
This is the doubled edged nature of prosecutorial discretion.
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.