憲法中的國策及其對立法權的指引

National policies exist within enacted laws and have normative effects, characterized by task relevance, abstraction, association with public interest, comprehensiveness, and long-term nature. Constitutional provisions of national policies often heavily rely on legislative formation. Rather than constraining legislative power, national policies serve as guiding principles. Citizens cannot derive subjective claims from national policy provisions. National policies can exert effects in both negative and positive dimensions. Both dimensions involve balancing national policies against opposing principles, requiring the application of balancing rules and possibly the practical concordance theory simultaneously. The realization of national policies exists within a“reservation of possibility,”which does not include a core area that must be achieved through legislation under any circumstances, nor does it absolutely prohibit regression in legislative realization. Reasonable review standards and review intensity can ensure that national policies exert their effects while fully respecting the legislative decision-making space. When national policies conflict with fundamental rights, the former cannot directly narrow the scope of the latter's protection or directly justify legislative restrictions. Resolving conflicts between national policies and fundamental rights, as well as conflicts among different national policies, requires specific balancing criteria, approaches, and methods at the normative level.