>> they are restricted in how they use it, and defendents have rights and due process.

That due process only exists to the extent the branches of govt are independent, have co-equal power, and can hold and act upon different views of the situation.

When all branches of govt are corrupted or corrupted to serve the executive, as in autocracies, that due process exists only if the executive likes you, or accepts your bribes. That is why there is such a huge push by right-wing parties to take over the levers of power, so they can keep their power even after they would lose at the ballot box.