kaal:claim:2834531-040

The principle based approach has a shortcoming the authors concede: it is usually impossible to comply with principles that could change after the fact, and the approach may let regulators promulgate fact based laws and rules through the backdoor.

The argument is that it is usually impossible to comply with principles that could change "after the fact."107 That is to say, a principle–based approach may facilitate policy makers, lawmakers, and regulators in promulgating facts–based laws and rules through the backdoor.

Mark Fenwick, Wulf A. Kaal, Erik P. M. Vermeulen, Regulation Tomorrow What Happens When Technology Is Faster Than the Law (2017), B. A Principle-Based Approach, p. 31
https://ssrn.com/abstract=2834531 · source PDF

Mark Fenwick, Wulf A. Kaal, Erik P. M. Vermeulen, Regulation Tomorrow What Happens When Technology Is Faster Than the Law (2017). SSRN: https://ssrn.com/abstract=2834531

• from the perspective of regulated companies operating under principles

failuresupport: arguedfailure: principles that change after the factfamily: definitional-ambiguitycompliancedynamic-regulation

• extends kaal:claim:2831040-027 The downsides of principles based regulation are a costly and time consuming transition from rules based regul...
• supports kaal:claim:2831040-015 The three core law and technology proposals for the pacing problem, regulation via the judiciary, early stage ...

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