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The laws become effective not when they are promulgated but when they come into force.
In other words, the contents of a law are determined (provided) on the date of its promulgation and later it comes into force on the effective date.
The Act on General Rules for Application of Laws (Act No. 10 of 1898) showed the following rule about the effective date:
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Article 1 A law shall come into effect after the expiration of twenty days following the date of its promulgation; provided, however, that if a different effective date is provided by law, such provision shall prevail.
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Now this law was fully revised and became Act on General Rules for Application of Laws (Act No. 78 of June 21, 2006) and the same content is provided in Article 2:
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Article 2 A law shall come into effect after the expiration of twenty days following the date of its promulgation; provided, however, that if a different effective date is provided by law, such provision shall prevail.
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In many of the recent laws, the effective date is clearly provided in the supplementary provision e.g. “This Act comes into effect as of the date of its promulgation,” or “This Act comes into effect as of December 7, 2015.”
To know when the laws come into force, you need check the supplementary provision.
Regarding the validity of a law in case of “This Act comes into effect as of the date of its promulgation,” the time of the promulgation is problem: there are judicial precedents regarding whether the laws become effective at twelve o’clock midnight or at the time when the laws are published on an official gazette and the procedure of the forwarding of the gazette is finished.
I will introduce this case later in this blog.
【Related Article】List of blogs about “Laws” in the Website of CONPHIC Co., Ltd.
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CONPHIC Co., Ltd. https://www.conphic.co.jp President Daichi SAITO
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