De facto

In law and government, de facto (/ or /;[1] Latin: de facto, "in fact"; Latin pronunciation: [deː ˈfaktoː]) describes practices that exist in reality, even if not legally recognised by official laws.[2][3][4] It is commonly used to refer to what happens in practice, in contrast with de jure ("in law"), which refers to things that happen according to law. Unofficial customs that are widely accepted are sometimes called de facto standards.

Examples

Standards

A de facto standard is a standard (formal or informal) that has achieved a dominant position by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardisation process, and may not have an official standards document.

Technical standards are usually voluntary, like ISO 9000 requirements, but may be obligatory, enforced by government norms, like drinking water quality requirements. The term "de facto standard" is used for both: to contrast obligatory standards (also known as "de jure standards"); or to express a dominant standard, when there is more than one proposed standard.

In social sciences, a voluntary standard that is also a de facto standard, is a typical solution to a coordination problem.[5]

National languages

Several countries, including Australia, Japan, Mexico, the United Kingdom and the United States, have a de facto national language but no official, de jure national language.

Some countries have a de facto national language in addition to an official language. In Lebanon and Morocco the official language is Arabic, but an additional de facto language is also French. In New Zealand, Maori and New Zealand Sign Language are de jure official languages, while English is a de facto official language.

Russian was the de facto official language of the central government and, to a large extent, republican governments of the former Soviet Union, but was not declared de jure state language until 1990. A short-lived law effected April 24, 1990, installed Russian as the sole de jure official language of the Union.[6]

Politics

A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead.[7]

In politics, a de facto leader of a country or region is one who has assumed authority, regardless of whether by lawful, constitutional, or legitimate means; very frequently, the term is reserved for those whose power is thought by some faction to be held by unlawful, unconstitutional, or otherwise illegitimate means, often because it had deposed a previous leader or undermined the rule of a current one. De facto leaders sometimes do not hold a constitutional office and may exercise power informally.

Not all dictators are de facto rulers. For example, Augusto Pinochet of Chile initially came to power as the chairperson of a military junta, which briefly made him de facto leader of Chile, but he later amended the nation's constitution and made himself president for life, making him the formal and legal ruler of Chile. Similarly, Saddam Hussein's formal rule of Iraq is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq. However, his de facto rule of the nation began earlier: during his time as vice president, he exercised a great deal of power at the expense of the elderly Ahmed Hassan al-Bakr, the de jure president.

In Argentina, the successive military coups that overthrew constitutional governments installed de facto governments in 1930–1932, 1943–1946, 1955–1958, 1966–1973 and 1976–1983, the last of which combined the powers of the presidential office with those of the National Congress. The subsequent legal analysis of the validity of such actions led to the formulation of a doctrine of the de facto governments, a case law (precedential) formulation which essentially said that the actions and decrees of past de facto governments, although not rooted in legal legitimacy when taken, remained binding until and unless such time as they were revoked or repealed de jure by a subsequent legitimate government.

That doctrine was nullified by the Article 36 states:

  • (1) This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably null.
  • (2) Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences.
  • (3) Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription.
  • (4) All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section.
  • (5) He who, procuring personal enrichment, incurs in serious fraudulent offense against the Nation shall also attempt subversion against the democratic system, and shall be disqualified to hold public office for the term specified by law.
  • (6) Congress shall enact a law on public ethics which shall rule the exercise of public office.

In 1526, after seizing power Imam Ahmad ibn Ibrahim al-Ghazi made his brother, Umar Din, the de jure Sultan of the Adal Sultanate. Ahmad, however, was in all practice the de facto Sultan.[8] Some other notable true de facto leaders have been Deng Xiaoping of the People's Republic of China and General Manuel Noriega of Panama. Both of these men exercised nearly all control over their respective nations for many years despite not having either legal constitutional office or the legal authority to exercise power. These individuals are today commonly recorded as the "leaders" of their respective nations; recording their legal, correct title would not give an accurate assessment of their power. Terms like strongman or dictator are often used to refer to de facto rulers of this sort. In the Soviet Union, after Vladimir Lenin was incapacitated from a stroke in 1923, Joseph Stalin—who, as General Secretary of the Communist Party had the power to appoint anyone he chose to top party positions—eventually emerged as leader of the Party and the legitimate government. Until the 1936 Soviet Constitution officially declared the Party "...the vanguard of the working people", thus legitimising Stalin's leadership, Stalin ruled the USSR as the de facto dictator.

Another example of a de facto ruler is someone who is not the actual ruler but exerts great or total influence over the true ruler, which is quite common in monarchies. Some examples of these de facto rulers are Empress Dowager Cixi of China (for son Tongzhi and nephew Guangxu Emperors), Prince Alexander Menshikov (for his former lover Empress Catherine I of Russia), Cardinal Richelieu of France (for Louis XIII) and Queen Marie Caroline of Naples and Sicily (for her husband King Ferdinand I of the Two Sicilies).

The term "de facto head of state" is sometimes used to describe the office of a governor general in the Commonwealth realms, since a holder of that office has the same responsibilities in their country as the de jure head of state (the sovereign) does within the United Kingdom.

In the Westminster system of government, executive authority is often split between a de jure executive authority of a head of state and a de facto executive authority of a prime minister and cabinet who implement executive powers in the name of the de jure executive authority. In the United Kingdom, the Sovereign is the de jure executive authority, even though executive decisions are made by the indirectly elected Prime Minister and her Cabinet on the Sovereign's behalf, hence the term Her Majesty's Government.

The de facto boundaries of a country are defined by the area that its government is actually able to enforce its laws in, and to defend against encroachments by other countries that may also claim the same territory de jure. The Durand Line is an example of a de facto boundary. As well as cases of border disputes, de facto boundaries may also arise in relatively unpopulated areas in which the border was never formally established or in which the agreed border was never surveyed and its exact position is unclear. The same concepts may also apply to a boundary between provinces or other subdivisions of a federal state.

Segregation

In South Africa, although de jure apartheid formally began in 1948, de facto racist policies and practices discriminating against black South Africans, Coloureds, and Indians dated back decades before.[9][10][11][12][13][14][15][16][17][18][19][20]

De facto racial discrimination and segregation in the United States until the 1950s and 1960s was simply discrimination that was not segregation by law (de jure). "Jim Crow laws", which were enacted in the 1870s, brought legal racial segregation against black Americans residing in the American South. These laws were legally ended in 1964 by the Civil Rights Act of 1964.[21][22][23]

Other Languages
Afrikaans: De facto
asturianu: De facto
azərbaycanca: De-fakto
Bân-lâm-gú: De facto
беларуская: De facto
беларуская (тарашкевіца)‎: De facto
български: Де факто
bosanski: De facto
brezhoneg: De facto
català: De facto
čeština: De facto
Cymraeg: De facto
dansk: De facto
Deutsch: De facto
eesti: De facto
Ελληνικά: De facto
español: De facto
Esperanto: De facto
euskara: De facto
فارسی: دفاکتو
français: De facto
Frysk: De facto
Gaeilge: De facto
galego: De facto
한국어: 데 팍토
հայերեն: Դե ֆակտո
hrvatski: De facto
Ilokano: De facto
Bahasa Indonesia: De facto
italiano: De facto
עברית: דה פקטו
ქართული: დე ფაქტო
қазақша: Де-Факто
kurdî: De facto
Ladino: De fakto
latviešu: De facto
lietuvių: De facto
Limburgs: De facto
lumbaart: De facto
magyar: De facto
македонски: Де факто
Malti: De facto
მარგალური: დე ფაქტო
Bahasa Melayu: De facto
монгол: Де-факто
Nāhuatl: De facto
Nederlands: De facto
Nedersaksies: De fakto
Nordfriisk: De facto
norsk: De facto
norsk nynorsk: De facto
occitan: De facto
oʻzbekcha/ўзбекча: De facto
پښتو: دفاکتو
polski: De facto
português: De facto
română: De facto
Runa Simi: De facto
русский: Де-факто
Scots: De facto
Simple English: De facto
slovenčina: De facto
slovenščina: De iure - de facto
کوردی: دی فاکتۆ
српски / srpski: Дефакто
srpskohrvatski / српскохрватски: De facto
suomi: De facto
svenska: De facto
Tagalog: De facto
Türkçe: De facto
українська: Де-факто
اردو: درحقیقت
Tiếng Việt: De facto
Yorùbá: De facto
Zazaki: De facto
中文: De facto