The ordinance

German regulation is issued as a Verordnung derived from an enabling statute, which is itself derived from constitutional competence. Every rule can be traced upward to the provision that authorised it. The chain of derivation is formal and checkable.

EDGAR

Every filing every US public company makes to the Securities and Exchange Commission is published on a free public database. Annual reports, quarterly results, executive compensation, insider share sales, material events. No subscription, no registration, no reason required. A competitor, a journalist or a private individual reads the same file on the same day.

CAFE standards

American fuel economy standards had to be imposed by Congress in 1975, after the oil embargo, because the market was not producing them. Efficiency in American vehicles arrived as regulation rather than as a design value, and it has been contested at every revision since.

Sunshine laws

Every US state has its own open records statute, and most require public bodies to hold their meetings in public, with advance notice of the agenda. The name is the argument. The default position is that the business of public bodies is visible, and closing a session requires a stated legal reason on the record.

Written in blood

The phrase American pilots use of the Federal Aviation Regulations. Almost every rule traces to a crash. The NTSB investigates, issues findings, recommends, and the rule follows. The regulation is not derived from a theory of safe flight. It is derived from the accidents that already happened.

Scoping is a legal step

Before the applicant writes the report, German law provides for a formal consultation in which the authority tells him the content, extent and depth of detail the report will have to contain โ€” ยง 15 UVPG.

The scope of the investigation is itself agreed, in advance, with the decision-maker. Nobody discovers halfway through that the wrong question was being answered.

Short-time work

Kurzarbeit. When demand collapses, a German employer cuts hours rather than jobs, and the state pays workers around 60 percent of the wages lost โ€” more for those with children.

A work-sharing scheme was first used by German miners as early as 1910. It flourished under the Weimar Republic, was written into employment promotion law by 1969, and was used again during reunification. In mid-2009 over 1.4 million workers and 63,000 employers were in it. In 2020 a study attributed 2.2 million saved jobs to it.

The IMF calls it the gold standard. The country built a permanent institution whose purpose is to make redundancy unnecessary.

The standard

A German standard is written before the work, by a committee, from first principles and agreed requirements โ€” and then applied. DIN maintains tens of thousands of them. The standard is not a record of what has been found to work. It is a specification of what shall be done, issued in advance.

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