They can. They need nonpolitical institutions with actual power. Yes it adds bureaucracy but it is more resilient. It doesn't take away from democracy, on contrary it strengthens it. The juridical power is one of those. Just like we don't vote on every single law, we should empower people who spend their entire career on specific areas of expertise to make long-term decisions. EU has this to a point. The US doesn't. Almost all of US institutions are political.