> I wonder if a judge would even see the difference.

A judge can't actually apply the constitution, as article 120 of the constitution forbids that, and The Netherlands doesn't have a constitutional court. In any case, most articles contain the phrase "except in cases determined by law". This means that the constitution is mostly a set of guidelines for politicians that practice civic hygiene, and not a tool to oppose bad laws. It's especially useless to delay and oppose fascists, as they'll just pass laws and/or state of emergencies without basis or changing the constitution.

Judges can apply the European Convention on Human Rights, specifically the right to privacy, but of course lawful exceptions can be made there as well as long as they are proportional and subsidiary. There's a good case to be made that Chat Control is neither.