# kaal:claim:2808132-016

**Claim.** 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.

**Type.** condition  **Support.** argued

**Holds when.**

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

**Source quote.**

> 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

**From.** 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, page 18

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

**Verify.** sha256 of source PDF `3515f2317ed9c1d33ae55d70467cdf1f6c4e350065ea6a887d5d7619599ad7d2` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20and%20Vermeulen%20-%202016%20-%20How%20to%20Regulate%20Disruptive%20Innovation%20-%20From%20Facts%20to%20Data.pdf

**Topics.** dynamic-regulation

**Keywords.** ex-post-rulemaking, information-prerequisite, stable-rules, regulatory-theory

**Related claims.**

- extends: https://wulfkaal.github.io/claims/2267560-020

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