I mean, yes? The need for a valid court order is so that the executive branch (e.g. law enforcement) can’t unilaterally surveil and detain people. The court makes this decision by looking at the laws, which are passed by the legislative branch. If the elected legislature passes a law that vastly lowers the barrier for govt intrusion, well, it’s not a great situation, but it is possible under democratic principles.

My comment was unclear, and I agree that this is how it's meant to work.

Democracy has nothing to do with it. But yes, it's how most if not all governments operate.