De jure

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In law and government, de jure ( /dˈʊəri,di-/ day JOOR-ee, dee -; Latin : de iure [deː ˈjuːrɛ] , "by law") describes practices that are legally recognised, regardless of whether the practice exists in reality. [1] In contrast, de facto ("in fact") describes situations that exist in reality, even if not legally recognised. [2]

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Examples

It is possible to have multiple simultaneous conflicting (de jure) legalities, possibly none of which is in force (de facto). After seizing power in 1526, Ahmad ibn Ibrahim al-Ghazi made his brother, Umar Din, the lawful (de jure) Sultan of Adal. Ahmad, however, was in practice (de facto) the actual Sultan, and his brother was a figurehead. [3] Between 1805 and 1914, the ruling dynasty of Egypt ruled as de jure viceroys of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, from about 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, Egypt was by Ottoman law de jure a province of the Ottoman Empire, but de facto was part of the British Empire. [4]

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. [5]

In a hypothetical situation, a king or emperor could be the de jure head of state. However, if they are unfit to lead the country, the prime minister or chancellor would assumedly become the practical, or de facto leader, with the king remaining the de jure leader.

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In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law.

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Khedive noble title of the Ottoman Empire

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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. "Aḥmad Grāñ – Somalian Muslim leader". Encyclopædia Britannica, Inc. Britannica.com. Retrieved 11 July 2016.
  4. Mak, Lanver (15 March 2012). The British in Egypt: Community, Crime and Crises 1882–1922. I.B.Tauris. ISBN   9781848857094.
  5. 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.