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Comment by owenversteeg

15 days ago

Indeed. It’s somewhat funny (and sad) how the average educated person simply denies this or says it doesn’t matter.

For example, in the Dutch constitution, freedom of speech, religion, privacy et cetera are all qualified “except as restricted by law.” [0] That is to say: if the government passes a law restricting your speech, religion or privacy, that will typically be Constitutionally acceptable. Meanwhile, in the US, the Constitution is absolute, to rather extreme ends. The Dutch constitution is of course rather obvious in its weaknesses, but there are other signs for other countries aside from the text itself. One good method is to take a look at the mechanisms of enforcement of the Constitution and measures of Constitutionality. For a good laugh: https://www.advocatie.nl/nieuws/rechter-mag-wetten-langs-de-...

[0] https://wetten.overheid.nl/BWBR0001840/2023-02-22 For example: “Ieder heeft, behoudens bij of krachtens de wet te stellen beperkingen, recht op onaantastbaarheid van zijn lichaam.” or “Everyone has, subject to restrictions under the law, the right to inviolability of his body.” Most other rights include such a provision.