De jure

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In law and government, de jure ( /dˈʊəri,di-,ˈjʊər-/ day JOOR-ee, dee -, YOOR-ee; Latin : dē iūrepronounced  [deː ˈjuːrɛ] , "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 legally recognized. [2]

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Examples

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, starting from around 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. [3]

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]

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, while the king remains the de jure leader.

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Related Research Articles

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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 help of the Rosetta Stone. Among the Seven Wonders of the Ancient World is the Great Pyramid of Giza.

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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 Honorific title for sultans and grand viziers of the Ottoman Empire

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Anglo-Egyptian Sudan Joint British and Egyptian rule between 1899-1956

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Suzerainty is a relationship in which one state or other polity controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. The dominant state is called the "suzerain".

Sultan of Egypt

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Sidon Eyalet

The Eyalet of Sidon was an eyalet of the Ottoman Empire. In the 19th century, the eyalet extended from the border with Egypt to the Bay of Kesrouan, including parts of modern Israel and Lebanon.

Vassal and tributary states of the Ottoman Empire 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 Porte, over which direct control was not established, for various reasons.

Palestinian law is the law administered by the Palestinian National Authority within the territory pursuant to the Oslo Accords. It has an unusually unsettled status, as of 2021, due to the complex legal history of the area. Palestinian law includes many of the legal regimes and precepts used in Palestinian ruled territory and administered by the Palestinian Authority and Hamas, which is not an independent nation-state.

Sovereign state Political entity with a centralized independent government

A sovereign state is a political entity that is represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one government and the capacity to enter into relations with other sovereign states. It is also normally understood that a sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being recognised by other sovereign states. Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in diplomatic relations with other sovereign states.

Egypt–United Kingdom relations Bilateral relations

Egypt–United Kingdom relations refers to the bilateral relationship between Egypt and Great Britain. Relations are longstanding. They involve politics, defence, trade and education, as well as 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. The status of Egypt had become highly convoluted ever since its virtual breakaway from the Ottoman Empire in 1805 under Muhammad Ali Pasha. Henceforth, Egypt was de jure a self-governing vassal state of the Ottoman Empire, but de facto independent, with its own hereditary monarchy, military, currency, legal system, and empire in Sudan. From 1882 onwards, Egypt was occupied by the United Kingdom, but not annexed, leading to a unique situation of a country that was legally a vassal of the Ottoman Empire whilst having almost all the attributes of statehood, but in reality being governed by the United Kingdom in what was known as a "veiled protectorate".

All-Palestine Protectorate 1948–1959 Egyptian client state in Gaza

The All-Palestine Protectorate, or simply All-Palestine, also known as Gaza Protectorate and 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 Prime Minister of the Gaza-seated administration was Ahmed Hilmi Pasha and the President was Hajj Amin al-Husseini, former chairman of the Arab Higher Committee. 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 further resolution of the Arab League to put the Gaza Strip under the official protectorate of Egypt in 1952, the All-Palestine Government was gradually stripped of authority. In 1953, the government was nominally dissolved, though the Palestinian Prime Minister Hilmi 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 military occupation area of Egypt.

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.