I got it, as far as I know u share the view that legislate from the bench creates more problems that it solves any and when I saw the "unintended" thing make a come back, typically, the debate will turn the Court room  into a political meeting, that's wrong and counter productive. The separation of powers aren't just to be pretty, it is, should be the reminder that ultimately everyone's behaviour counts in the pursue of their own ends.
The legislator guiltiness search among the unintended consequences will inevitably lead to political arguments over the nature of secrecy laws and their use, a debate that has nothing to do in a Court room.
A failure to act from the legislator over a lasting unattended consequence of a legislation whose result is to alter definitively the due course of justice should can easily find its way in Court with a non political debate over and only over was it technically and constitutionally possible to write a piece of legislation to end the private interests sheltering by the state secrecy laws aimed and only aimed at protecting the state national security in due time to avoid the private interests wrongdoing to definitely escape the course of justice.