You have some good points, but I'd like to think that legislation and elections are not entirely obsolete today as ways of making law, either.

In a number of states, particularly here in California, laws passed by the legislature, or laws made by votes of the people, are routinely thrown out, often by a single judge. When a large majority of the citizens of a state vote for something, and a judge overrules them, you tell me where the "democracy" lies in that situation.

In case you've forgotten, new legislation to override a previous court decision is also part of the checks and balances system.

The judicial department branch doesn't make the laws. Not yet, anyway.