Utopia is an imagined perfect society, but its original meaning in ancient Greek writing that first used the term is "a place that doesn't exist." Based on the prefixes, dystopia would be the opposite of utopia in that it SHOULD be a perfectly imperfect society. But it, too, cannot exist. (After all, nobody's perfect, in a good way or a bad way.)
The rise in dystopian novels is in a way just an exploration of the ancient Greek basic "Man against Society" storyline (one of the classics of Greek literature) in which the antagonist (impersonal society) becomes more formidable than normal. For instance, "The Hunger Games" and "1984" and "Brave New World" are all speculations on a world gone wrong based on different kinds of sometimes well-meaning but imperfectly managed government. If we are paving a road to dystopia, it is that road of "good intentions."
I think that to reach a truly dystopian society, we must face a clash of ideals, a balancing act that inevitiably becomes overbalanced. Man against Self (another classic Greek storyline) deals with the inherent weaknesses in a protagonist who is also his own antagonist. And sadly, we know of many cases where we are our own worst enemies. If we consider a dystopian society where individual rights are even just slightly stronger than societal safeguards, we end up with futures such as "Blade Runner" or "Soylent Green" or "Planet of the Apes." That is because we can't put the brakes on our headlong rush into self-oblivion.
I don't think you can blame lawmakers. First, they are human and therefore inherently their own worst enemies. Second, we elected them, so rather obviously we thought that was a good idea at the time. Guess we were exposing our imperfections in the ballot box?