De jure

In law and government, de jure (/d ˈʊəri, di -, ˈjʊər-/ day JOOR-ee, dee -, YOOR-ee; Latin: dē iūre pronounced [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]

Examples

Between 1805 and 1914, the ruling dynasty of Egypt ruled as de jure 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. 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.[3]

In a hypothetical situation, a king or emperor could be the de jure head of state. However, if they are unfit to rule the country, the prime minister or chancellor would usually become the practical, or de facto leader, while the king remains the de jure leader. For example, Edward V was de jure King of England for a part of 1483, but he was never crowned[4] and his uncle Richard III was the de facto king during this period.

See also

  • List of Latin phrases (D)
  • Implied repeal
  • Obrogation
  • Unenforced law

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. 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.
  4. Mak, Lanver (15 March 2012). The British in Egypt: Community, Crime and Crises 1882–1922. I.B.Tauris. ISBN 9781848857094.
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