3 ms·
Not really because the limits of what is and what is not tolerated are not arbitrarily decided by individuals. There are clearly understood and published local
by Mvandenbergh 13y ago
Not really because the limits of what is and what is not tolerated are not arbitrarily decided by individuals. There are clearly understood and published local guidelines, effectively this is often an end-run around national level laws that the local community collectively chooses not to enforce. A prosecution brought against someone who was within the understood, tolerated guidelines wouldn't be successful because it would contravene the principle of the rule of law (quite central to Dutch political and judicial thinking).
The crucial elements of the rule of law, predictability and detachment from individual judgement outside of established and controlled channels is maintained in the Dutch system because there exist universally understood and judicially binding methods of disseminating the local guidelines.
I'll admit that it usually isn't explained very well because it's mostly lay Dutch people explaining their understanding.
Notably, I've never heard of a case anywhere in the Netherlands where this principle has been abused.