Question from a reader:
Please tell me about retroactive laws. I believe that it is not possible to question the legality of actions that occurred before a law prohibiting them was enacted, but what about actions that “started” before the prohibition? For example, if a law or ordinance prohibiting “flashy signs” is enacted in Kyoto, must existing signs be removed and
replaced with more subdued ones, in addition to new signs?

Considerations on Retroactive Laws and Sign Regulations

What is a retroactive law?

A retroactive law, or a law that “applies retroactively,” is the concept that after a law is enacted, it can also question the legality of actions that occurred before its enactment. Generally, the principle of non-retroactivity of laws is fundamental, and applying laws retroactively to actions that occurred before they were established is not permitted. This principle is meant to prevent actions performed before the law was enacted from suddenly being deemed illegal by newly established laws. It is a very important concept. However, there are exceptions to this, and it is often judged on a case-by-case basis. Particularly in the field of administrative law, different ordinances exist in different regions, so it is natural to wonder what will actually happen.

Specific Example: Kyoto’s Ordinance Prohibiting Flashy Signs

Now, let’s consider a specific example where a law or ordinance prohibiting “flashy signs” is enacted in Kyoto. For instance, suppose a store has displayed a flashy sign for many years. After the law is enacted, what will happen to this sign is a point of concern. In this case, fundamentally, the law would apply to newly created signs, and existing signs would be classified as “already existing,” so it is generally considered that they can remain as they are. However, this can vary depending on the “purpose of the ordinance.”

The Purpose of the Ordinance and Duration of Existence

If a local ordinance is established “to protect the landscape,” the purpose may also affect existing signs. In other words, if the sign is deemed to harm the landscape after the law is enacted, there may be demands for its removal or modification. Thus, the application of the law is not limited to “only entirely new things.” For example, my friend runs a café in Kyoto, and his café is characterized by its unique design and flashy sign. After the ordinance was enacted, he felt anxious about whether he would have to “replace the sign.” In fact, his sign was loved by many, so he was troubled about whether to replace it or keep it.

Possibility of Transitional Measures

Furthermore, when a retroactive law is enacted, transitional measures may be established. This means that for existing signs, a grace period may be provided, and the obligation to remove or change them may be relaxed. This consideration allows businesses to reduce their economic burden. Such measures are often implemented as a result of taking into account the opinions of local residents and businesses, and adjustments are typically made when the ordinance is enacted.

What Will the Final Judgment Be?

Ultimately, it is important how the administrative agency will specifically operate the ordinance. For example, when Kyoto City enacts an “Ordinance to Protect the Landscape,” standards regarding sign design and placement will be established, and judgments will be made based on those standards. Therefore, particularly when flashy signs are viewed as problematic, there may be a need to reconsider the design of the signs. In this case, it is essential for the sign owner to check the contents of the ordinance and prepare to modify the sign if necessary. My friend was also wondering, “If I have to change the sign, what kind of design should I choose?” This can have a significant impact on business, so careful judgment is required.

Conclusion: The Complexity of Retroactive Laws and the Impact of Local Ordinances

We have discussed retroactive laws, and as a basic principle, it can be said that it is difficult to apply laws retroactively to past actions. However, depending on local ordinances and their purposes, there may be cases where existing actions are also affected. Through specific examples like sign regulations, we were able to consider how laws relate to our daily lives and businesses. Since the considerations made when laws are enacted and the characteristics of the region can have an impact, it is important to always stay informed about the latest information. As legal revisions and new ordinances are enacted in the future, it will be necessary for local residents and businesses to understand their contents and respond appropriately. The world of law is complex, but it is important to remember that it has a significant impact on our daily lives.