The "giving" or "taking" of freedom is not to be left to the legislators.
That would be nice. However, an individual or institution with the power to fine you, take your property, or put you in jail can definitely be said to be practically capable of taking your freedom. The "giving" part is a little more parlous ... stone walls do not a prison make, nor iron bars a cage, and so forth ... and I could have phrased my original post with more philosophical precision.