in our law already. US Code -Organic Laws of the United States DOI- "deriving their just powers from the consent of the governed" When one realizes that the proper scope and interpretation of this statement "just powers" is referring to Powers of Justice everything falls in line to the correct intepretation in Common Law. Hence what you are suggesting is actually already om our laws. The powers of Justice can only be lawfully initiated by the governed which is from what I see exactly what you are suggesting here.
If they only respond to the People's consent for judicial procedures through accusations that someone is liable then we end up at the same conclusion. The founders went through tyranny also. They like us turned to law and history and then articulated their emlightenment in our law. Several maxims that organically support this are:
An action is not given to one who is not injured
An act of the court shall prejudice no one
Equity looks upon that as done, which ought to be done
In all affairs, and principally in those which concern the administration of justice, the rules of equity ought to be followed
Intentions ought to be subservient to the laws, not the laws to intentions
judge ought always to have equity before his eyes
A judge ought always to regard equity
No one can sue in the name of another
If one falsely accuses another of a crime, the punishment due to that crime should be inflicted upon the perjured informer
All of these and more are why it was self-evident that the powers of justice need to come from the governed making an accusation and accepting liability for that accusation.
The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...