De jure

Last updated

In law and government, de jure ( /dˈʊəri,di-,-ˈjʊər-/ , Latin: [deːˈjuːre] ; lit.'by law') describes practices that are legally recognized, regardless of whether the practice exists in reality. [1] In contrast, de facto ('in fact') describes situations that exist in reality, even if not formally recognized. [2]

Contents

Examples

Between 1805 and 1914, the ruling dynasty of Egypt were subject to the rulers of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. [3] Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire.

In U.S. law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that mandated the segregation) became important distinctions for court-mandated remedial purposes. [4]

See also

Related Research Articles

The history of Egypt has been long and wealthy, due to the flow of the Nile River with its fertile banks and delta, as well as the accomplishments of Egypt's native inhabitants and outside influence. Much of Egypt's ancient history was a mystery until Egyptian hieroglyphs were deciphered with the discovery and deciphering of the Rosetta Stone. Among the Seven Wonders of the Ancient World is the Great Pyramid of Giza.

<span class="mw-page-title-main">Sovereignty</span> Supreme authority within a territory

Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people in order to establish a law or change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

De facto describes practices that exist in reality, regardless of whether they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with de jure.

<span class="mw-page-title-main">Sultan</span> Noble title with several historical meanings

Sultan is a position with several historical meanings. Originally, it was an Arabic abstract noun meaning "strength", "authority", "rulership", derived from the verbal noun سلطة sulṭah, meaning "authority" or "power". Later, it came to be used as the title of certain rulers who claimed almost full sovereignty without claiming the overall caliphate, or to refer to a powerful governor of a province within the caliphate. The adjectival form of the word is "sultanic", and the state and territories ruled by a sultan, as well as his office, are referred to as a sultanate.

Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protection" under the law to all people. Under the doctrine, as long as the facilities provided to each race were equal, state and local governments could require that services, facilities, public accommodations, housing, medical care, education, employment, and transportation be segregated by race, which was already the case throughout the states of the former Confederacy. The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase "equal but separate".

<span class="mw-page-title-main">Roman emperor</span> Ruler of the Roman Empire during the imperial period

The Roman emperor was the ruler and monarchical head of state of the Roman Empire, starting with the granting of the title augustus to Octavian in 27 BC. The term "emperor" is a modern convention, and did not exist as such during the Empire. Often when a given Roman is described as becoming emperor in English, it reflects his taking of the title augustus and later basileus. Another title used was imperator, originally a military honorific, and caesar, originally a surname. Early emperors also used the title princeps alongside other Republican titles, notably consul and pontifex maximus.

<span class="mw-page-title-main">Desegregation busing</span> Failed attempt to racially diversify American public schools

Desegregation busing was a failed attempt to diversify the racial make-up of schools in the United States by sending students to school districts other than their own. While the 1954 U.S. Supreme Court landmark decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, many American schools continued to remain largely racially homogeneous. In an effort to address the ongoing de facto segregation in schools, the 1971 Supreme Court decision, Swann v. Charlotte-Mecklenburg Board of Education, ruled that the federal courts could use busing as a further integration tool to achieve racial balance.

<span class="mw-page-title-main">Khedive</span> Honorific title for sultans and grand viziers of the Ottoman Empire

Khedive was an honorific title of Classical Persian origin used for the sultans and grand viziers of the Ottoman Empire, but most famously for the viceroy of Egypt from 1805 to 1914.

<span class="mw-page-title-main">Diplomatic recognition</span> Political act where a state acknowledges an act or status of another state/government

Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.

<span class="mw-page-title-main">Archduke</span> Title of nobility in the Holy Roman Empire

Archduke was the title born from 1358 by the Habsburg rulers of the Archduchy of Austria, and later by all senior members of that dynasty. It denotes a rank within the former Holy Roman Empire (962–1806), which was below that of Emperor, and roughly equal to King, Prince-Archbishop, and Grand prince, but above that of a Grand Duke, Sovereign Prince, and Duke.

<i>Gebhart v. Belton</i> United States Supreme Court case

Gebhart v. Belton, 33 Del. Ch. 144, 87 A.2d 862, aff'd, 91 A.2d 137, was a case decided by the Delaware Court of Chancery in 1952 and affirmed by the Delaware Supreme Court in the same year. Gebhart was one of the five cases combined into Brown v. Board of Education, the 1954 decision of the United States Supreme Court which found unconstitutional racial segregation in United States public schools.

<span class="mw-page-title-main">Sultan of Egypt</span> Status held by the rulers of Egypt from 1174 to 1517

Sultan of Egypt was the status held by the rulers of Egypt after the establishment of the Ayyubid dynasty of Saladin in 1174 until the Ottoman conquest of Egypt in 1517. Though the extent of the Egyptian Sultanate ebbed and flowed, it generally included Sham and Hejaz, with the consequence that the Ayyubid and later Mamluk sultans were also regarded as the Sultans of Syria. From 1914, the title was once again used by the heads of the Muhammad Ali dynasty of Egypt and Sudan, later being replaced by the title of King of Egypt and Sudan in 1922.

<span class="mw-page-title-main">Vassal and tributary states of the Ottoman Empire</span> States under Ottoman suzerainty

The Ottoman Empire had a number of tributary and vassal states throughout its history. Its tributary states would regularly send tribute to the Ottoman Empire, which was understood by both states as also being a token of submission. In exchange for certain privileges, its vassal states were obligated to render support to the Ottoman Empire when called upon to do so. Some of its vassal states were also tributary states. These client states, many of which could be described by modern terms such as satellite states or puppet states, were usually on the periphery of the Ottoman Empire under suzerainty of the Sublime Porte, over which direct control was not established, for various reasons.

<span class="mw-page-title-main">Egypt–United Kingdom relations</span> Bilateral relations

Egypt–United Kingdom relations are the diplomatic, economic, and cultural relationships between Egypt and the United Kingdom. Relations are longstanding. They involve politics, defence, trade and education, and especially issues regarding the Suez Canal.

The Unilateral Declaration of Egyptian Independence on 28 February 1922 was the formal legal instrument by which the United Kingdom recognised Egypt as an independent sovereign state.

<span class="mw-page-title-main">Regent</span> One who governs in place of a monarch

In a monarchy, a regent is a person appointed to govern a state pro tempore because the actual monarch is a minor, absent, incapacitated or unable to discharge their powers and duties, or the throne is vacant and a new monarch has not yet been determined. One variation is in the Monarchy of Liechtenstein, where the competent Prince may choose to assign regency to their of-age heir, handing over the majority of their responsibilities to prepare the heir for succession. The rule of a regent or regents is called a regency. A regent or regency council may be formed ad hoc or in accordance with a constitutional rule. Regent is sometimes a formal title granted to a monarch's most trusted advisor or personal assistant. If the regent is holding the position due to their being in the line of succession, the compound term prince regent is often used; if the regent of a minor is their mother, and she is wife or widow of the king, she would be referred to as queen regent.

Keyes v. School District No. 1, Denver, 413 U.S. 189 (1973), was a United States Supreme Court case that claimed de facto segregation had affected a substantial part of the school system and therefore was a violation of the Equal Protection Clause. In this case, black and Hispanic parents filed suit against all Denver schools due to racial segregation. The decision on this case, written by Justice William J. Brennan, was key in defining de facto segregation. Brennan found that although there were no official laws supporting segregation in Denver, "the Board, through its actions over a period of years, intentionally created and maintained the segregated character of the core city schools." As a result of the ruling, the entire district in Denver, Colorado, must be desegregated. The issue of "intent" would become a key factor in the Boston case.

<span class="mw-page-title-main">All-Palestine Protectorate</span> 1948–1959 Egyptian client state in Gaza

The All-Palestine Protectorate, also known as All-Palestine, the Gaza Protectorate or the Gaza Strip, was a short-lived client state with limited recognition, corresponding to the area of the modern Gaza Strip, that was established in the area captured by the Kingdom of Egypt during the 1948 Arab–Israeli War and allowed to run as a protectorate under the All-Palestine Government. The Protectorate was declared on 22 September 1948 in Gaza City, and the All-Palestine Government was formed. The President of the Gaza-seated administration was Hajj Amin al-Husseini, the former chairman of the Arab Higher Committee, while the Prime Minister was Ahmed Hilmi Pasha. In December 1948, just three months after the declaration, the All-Palestine Government was relocated to Cairo and was never allowed to return to Gaza, making it a government in exile. With a further resolution of the Arab League to put the Gaza Strip under the official protection of Egypt in 1952, the All-Palestine Government was gradually stripped of its authority. In 1953, the government was nominally dissolved, though the Palestinian Prime Minister, Hilmi Pasha, continued to attend Arab League meetings on its behalf. In 1959, the protectorate was de jure merged into the United Arab Republic, while de facto turning Gaza into a military occupation area of Egypt.

Civil rights in the United States include noted legislation and organized efforts to abolish public and private acts of racial discrimination against Native Americans, African Americans, Asians, Latin Americans, women, the homeless, minority religions, and other groups since the independence of the country.

References

  1. "de jure". dictionary.com. Dictionary.com, LLC. Retrieved 11 July 2016.
  2. "Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11 July 2016.
  3. Mak, Lanver (15 March 2012). The British in Egypt: Community, Crime and Crises 1882–1922. I.B.Tauris. ISBN   9781848857094.
  4. James Anderson; Dara N. Byrne (29 April 2004). The Unfinished Agenda of Brown V. Board of Education. Diverse: Issues In Higher Education. pp. 55–. ISBN   978-0-471-64926-7.