kaal:claim:2808132-016

The ex post facts-based approach to rulemaking worked historically because the optimal requirements for rules only become clear once stable and presumptively optimal rules have already emerged as suboptimal; the availability of that information is therefore a prerequisite for rulemaking.

change. The ex-post facts-based approach to rulemaking has functioned in the existing regulatory framework because optimal requirements for rules do become clear when stable and presumptively optimal rules emerge as suboptimal. A prerequisite for

Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016), III.1 Ex Post Facts-Based (Trial-and-Error) Rulemaking, p. 18
https://ssrn.com/abstract=2808132 · source PDF

Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132

• historically stable economic and market environments
• rulemaking dependent on realized facts

conditionsupport: argueddynamic-regulation

• extends kaal:claim:2267560-020 In the conventional NIE learning process, the requirements for rules and their adaptability to future states b...

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