Laws and courts can be and are made oppressive and used against the people by a tyrannical government.
Taking power away from [government] is not necessarily fascism. It really depends what and why. If it is a rogue court that is protecting corrupt politicians and human rights abusers? What really matters is the power the government as a whole has over the people.
There has recently been a lot of noise from American left wing about the Supreme Court being corrupt, illegitimate, politicized, etc., etc., and calls to reduce its powers, for example.
You could call that "fascistic" I suppose, but I'm not really here to get bogged down in semantics, my point is that the types of real or imagined enemies of political movements very much run the spectrum.