The last teaching of the Men of the Great Assembly was: "Make a fence for Torah". It is not surprising that after reformatting Judaism in terms of law and propagating a new ethos of master-student relationship, they would address the means to how this Law will be preserved. The institution of "fences", Rabbinic enactments that prevented inadvertent transgression of precious Law, was the single most effective factor in preserving the Jewish nation as the people apart and in enabling it to survive antagonistic cultures and enticing external philosophies. It was the apartness that these fences enforced, the gravity it communicated about transgressing even an iota of the Divine legislation that forced Jews to isolate themselves and come together in communities built around religious observances.
Rabbeinu Yonah (to Pirkei Avos 1:1) writes:
It is very great and praiseworthy to make a fence to the Torah's mitzvos so that one who fears and respects God's word will not stumble into transgressing the mitzvah. One who observes the rabbinic laws that form the fences around the Torah shows more fear of God than one who fulfills the mitzvah itself. Performance of the mitzvah does not imply fear and respect as much as observance of the fences by one who is careful not to even come close to inadvertent transgression.
Take, for example, what keeping Kosher would have meant prior to Rabbinic legislation. One would be able to eat almost in a treif restaurant without nary a concern. Assuming that "taam k'ikkar' is rabbinic in origin and without getting into the extended consideration of the concepts of "zeah" and "reicha", the only prohibition would be consuming actual non-kosher meat; there would be nary a prohibition that would survive the application of the laws of sofek, bittul and rov in their Biblical form. The same would be true of most other areas of life. Kashrus would resemble (lehavdil) Muslim dietary proscriptions, which in the Western world in no serious way interfere with the ability of most Moslems to participate in the surrounding culture. Judaism, instead of being a way of life would become a handful of mildly restrictive rules, that neither logically hang together, nor force a creation of a distinctive Jewish civilization, nor cause Jews to segregate together. Ultimately, they would assimilate and the Torah would be forgotten except where Jews not constitute a majority. Instead, these laws forced Jews to live and dream together,creating distinctive Jewish culture and communities in every land of their dispersion.
What was the mechanism that accomplished this? Surely it is not the institution of fences themselves for we find rabbinic enactments already prior to the Great Assembly. "David and his Court enacted Yichud with a single woman (Sanhedrin 21a), Shlomo and his Court enacted eruvin and washing of hands for Teruma and secondaries to prohibited relationships ( Shabbos 14b). The need for individual enactments is implied in the Biblical institution of Nazirite, who must refrain from eating grapes because he must not drink wine (see A"Z 17a, see also Yevamos 20a).) If so, what is it that the Men of Great Assembly innovated?
The answer seems to be that whereas before rabbinic legislation was an occasional and exceptional occurrence, during the second Temple era it became an operative principle of law - so much so that legal scholars did not need To demonstrate that an enactment actually took place. Now they could assume that there is an enactment without an iota of historical evidence to that effect. From historical events, fences became legal concepts. In other words, necessity and force of rabbinic enactments became a legal principle on par with the laws of logic or the power of the precedent.
To illustrate this, let us look at a Talmudic passage found in Gittin 73a. There is a law that a dying person (shekhiv mera) can command to give a gift to someone and that this verbal declaration has all the power of a written and delivered document. However, we understand that this declaration was made in expectation of dying and that if the dying person recovers, it is no longer valid. Rav Huna assumes that the same is the case by a get. If a dying person commands to write a get but neglects to also command that it be delivered and given to his wife, his declaration is legally valid. What happens if he recovers? Rav Huna assumes that it is automatically voided as is the case in the situation of a gift. Rovo, however, disagrees on the basis that there is a rabbinic enactments - "people will think that a get can be given after death". This invocation of a hypothetical enactment is sufficient to establish halakhah. Notice that Rovo does not have to prove that there was ever a legislative session in which such an enactment was promulgated; neither does he have to bring evidence of it ever having been actually enacted. It is sufficient to invoke the legal principle of rabbinic enactment to reject Rav Huna's analogy, so much so that the final halakha follows him and not Rav Huna. This is what I mean by saying that rabbinic enactment now functions as a legal principle on par with other halachic principles. This is how a teaching of the Men of the Great Assembly became an operative principle of law.



