You use the word democratic, but in a context where you don't mean that word. Courts are antidemocratic. I can't speak to the politics in Europe, but e.g. in the U.S., the law insulates from what people want to otherwise do. For example, after 9/11, you probably could have gotten majority support for restrictions on Muslims. The law tends to insulate from that, or e.g. the mob outrage over the financial companies after the recession. Having money allows you to more effectively use the law to insulate yourself from democracy.
With regards to spying, the people seem broadly okay with spying. At least in the U.K., the popularly elected government just filtered their internet, and support for CCTV is widespread. That's why the minority who oppose surveillance in principle try and use the law to counter the majority will. If the laws get changed to ratify the status quo, that's not antidemocratic.
With regards to spying, the people seem broadly okay with spying. At least in the U.K., the popularly elected government just filtered their internet, and support for CCTV is widespread. That's why the minority who oppose surveillance in principle try and use the law to counter the majority will. If the laws get changed to ratify the status quo, that's not antidemocratic.