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  1. Multi-Aspectual Functioning in Human Living - The Dooyeweerd Pages
  2. On this page
  3. Theoretical Aspects of Reasoning About Knowledge
  4. Aspects of Reason
  5. Books with the subject: Reason--social Aspects

So, as in Wilders case, if a politician makes a political statement outside the parliamentary debate, he could be prosecuted for a series of offences, such as group defamation article c Penal Code and incitement of discrimination, hate or violence article d. Once a politician is successfully prosecuted for either of these offences, any appeal to special constitutional protection will be unsuccessful.

But that is not all. According to recent case law of the Dutch Supreme Court Hoge Raad , there are special requirements for politicians when it comes to public speech. Is it not a matter of logic that politicians should be more careful with their words than other citizens, because they are supposed to lead by example?

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Any utterance made in parliament protected by immunity can directly penetrate any household within a few seconds. So why stipulate wholly different, not to say completely opposite legal boundaries for such a fundamental constitutional right on the basis of such an arbitrary distinction as the sounding hammer of the speaker? For by introducing an extra criterion for criminal liability with regards to group defamation and incitement of discrimination and hate articles c and d Penal Code , the Hoge Raad has made these already complex and vague provisions even more complicated and vague.


  • Theoretical Aspects of Reasoning About Knowledge - 1st Edition.
  • Gender, Development, and Climate Change (Oxfam Focus on Gender Series);
  • Anthropology and International Health: Asian Case Studies (Theory and Practice in Medical Anthropology and Internationa);

If the answer to this question is affirmative, the safety valves in the Dutch constitution designed to protect the independence of parliament and in turn that of the courts are clearly dysfunctional. And if the Tweede Kamer is keen on resolving this problem, it is advised to take up its own responsibility in finding a proper legislative solution.

Multi-Aspectual Functioning in Human Living - The Dooyeweerd Pages

Pointing fingers at the justice minister, which is what the majority of parliamentarians is inclined to do, is certainly not going to help. Neither will a recent coalition proposal to increase the maximum penalty of article d. Indeed, this will probably make things even worse. Skip to content. Search for books, journals or webpages All Pages Books Journals. View on ScienceDirect.

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Editors: Joseph Y. Imprint: Morgan Kaufmann. Published Date: 1st April Page Count: Flexible - Read on multiple operating systems and devices.

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    Theoretical Aspects of Reasoning About Knowledge

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    Aspects of Reason

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    Books with the subject: Reason--social Aspects

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