The following practical problem must be solved first. The judicial can make totally illogical and nonsensical twists of logic to make a clear law do the opposite of what the legislature intended. It happens all the time.
How do we prevent that?
A clear example of this is the RICO laws. They were passed to fight organized crime and terrorism; at least that was my understanding.
They have been applied mostly against individuals and anti-abortion groups.
The court's role should be limited to stating why a proposed law is unconstitutional, and send it back to the legislature to clarify; as many times as it takes.
The judicial should never be allowed to modify, substitute, or to twist the original intent of the legislature. That is clearly unlawful usurpation of the powers of the legislature.