Judges should NOT start being proactive.
I suppose I should have said "in their rulings". Meaning, they should be defacto skeptical of Government claims, and defacto assume that Government shall not be trusted. Currently, they take the Government's claims at face value. I.E. the Government says they wont use any data they are not allowed to, so we trust them. They should be proactive in assuming that the Government lies.
n the US, at least, judges are - per the US constitution - reactive.
Really? Where is that? Article III establishes the Judicary, but does not in any way circumscribe the power of the Courts, or make them reactive in nature. There is nothing even suggesting that a suit must be made - only that the Supreme Court has original jurisdiction.
The entire concept of a reactive, ex-post facto review based Court is entirely based on statue and tradition (Marbury v. Madison et all). There is nothing inherently anti-Constitutional about, for example, the Court being given, by Congress, an ad-hoc review power of any government action. Or a pre-enactment review authority over all legislation.
At very least, allowing judges to be proactive would require a massive rewriting of laws, starting with the constitution and working your way down.
I disagree. Most of it is all stacked precedent and not black letter law.