In law and government, DE FACTO (/deɪ ˈfæktoʊ/ or /di ˈfæktoʊ/ ; Latin : de facto, "in fact"; Latin pronunciation: ), describes practices that exist in reality, even if not legally recognised by official laws. 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 .
* 1 Examples
* 1.1 Segregation (during the Civil Rights era in the United States)
* 1.2 Standards * 1.3 National languages * 1.4 Politics
* 2 Other uses
* 2.1 Relationships
* 2.2 Relationships not recognised outside
* 3 Other uses of the term * 4 See also * 5 References
SEGREGATION (DURING THE CIVIL RIGHTS ERA IN THE UNITED STATES)
De facto racial discrimination and segregation in the United States during 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 .
Continued practices of expecting black people to ride in the back of buses or to step aside onto the street if not enough room was present for a white person and "separate but equal " facilities are instances of de facto segregation. The NAACP fought for the de jure law to be upheld and for de facto segregation practices to be abolished.
Public schools in any region of the US may be de facto racially segregated (or nearly so) simply because they are in neighbourhoods whose residents are all, or nearly all, of one race (such as urban ghettos or conversely, affluent suburbs).
This is opposed to de jure segregation, which prevailed in the American South and border states through the 1960s. Under de jure segregation, the law provided entirely separate schools for black and white students, which they legally had to attend, despite in many cases actually living closer to a school designated for the other race. In many cases, the schools for black students were older, had fewer resources of all kinds, and paid their teachers less than in white schools.
Main article: De facto standard
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 .
Some countries have a de facto national language in addition to an
official language. In
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.
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.
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
That doctrine was nullified by the constitutional reform of 1994 . 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
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
Empress Dowager Cixi of China (for son Tongzhi and nephew Guangxu
Emperors), Prince Alexander Menshikov (for his former lover Empress
Catherine I of Russia),
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 .
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 .
A de facto monopoly is a system where many suppliers of a product are allowed, but the market is so completely dominated by one that the others might as well not exist. The related terms oligopoly and monopsony are similar in meaning and this is the type of situation that antitrust laws are intended to eliminate.
A domestic partner outside marriage is referred to as a de facto
husband or wife by some authorities. In
In April 2014, a federal court judge ruled that a heterosexual couple who had a child and lived together for 13 years were not in a de facto relationship and thus the court had no jurisdiction to divide up their property under family law following a request for separation. In his ruling, the judge stated "de facto relationship(s) may be described as ‘marriage like’ but it is not a marriage and has significant differences socially, financially and emotionally."
The above sense of de facto is related to the relationship between common law traditions and formal (statutory, regulatory, civil) law, and common-law marriages . Common law norms for settling disputes in practical situations, often worked out over many generations to establishing precedent , are a core element informing decision making in legal systems around the world. Because its early forms originated in England in the Middle Ages , this is particularly true in Anglo-American legal traditions and in former colonies of the British Empire , while also playing a role in some countries that have mixed systems with significant admixtures of civil law.
RELATIONSHIPS NOT RECOGNISED OUTSIDE AUSTRALIA
Due to Australian federalism , de facto partnerships can only be legally recognised whilst the couple lives within a state in Australia. This is because the power to legislate on de facto matters relies on referrals by States to the Commonwealth in accordance with Section 51(xxxvii) of the Australian Constitution , where it states the new federal law can only be applied back within a state. There must be a state nexus between the de facto relationship itself and the Australian state.
If an Australian de facto couple moves out of a state, they do not
take the state with them and the new federal law is tied to the
territorial limits of a state. The legal status and rights and
obligations of the de facto or unmarried couple would then be
recognised by the laws of the country where they are ordinarily
resident. See the section on Family Court of
This is unlike marriage and "matrimonial causes" which are recognised
by sections 51(xxi) and (xxii) of the Constitution of
NON-MARITAL RELATIONSHIP CONTRACT
A de facto relationship is comparable to non-marital relationship contracts (sometimes called "palimony agreements") and certain limited forms of domestic partnership, which are found in many jurisdictions throughout the world.
A de facto Relationship is not comparable to common-law marriage , which is a fully legal marriage that has merely been contracted in an irregular way (including by habit and repute). Only nine U.S. states and the District of Columbia still permit common-law marriage; but common law marriages are otherwise valid and recognised by and in all jurisdictions whose rules of comity mandate the recognition of any marriage that was legally formed in the jurisdiction where it was contracted.
FAMILY LAW – CUSTODY
De facto joint custody is comparable to the joint legal decision-making authority a married couple has over their child(ren) in many jurisdictions (Canada as an example). Upon separation, each parent maintains de facto joint custody, until such time a court order awards custody, either sole or joint.
OTHER USES OF THE TERM
In finance, the
A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution.
A de facto state of war is a situation where two nations are actively engaging, or are engaged, in aggressive military actions against the other without a formal declaration of war .
In engineering, de facto technology is a system in which the intellectual property and know-how is privately held. Usually only the owner of the technology manufactures the related equipment. Meanwhile, a standard technology consists of systems that have been publicly released to a certain degree so that anybody can manufacture equipment supporting the technology. For instance, in cell phone communications, CDMA1X is a de facto technology, while GSM is a standard technology.
* ^ Random House Kernerman Webster’s College Dictionary. S.v. "de
facto." Retrieved January 12 2018 from
* ^ "de facto". Dictionary.com. Retrieved 25 February 2017.
* ^ See I. 3. "de".
Oxford English Dictionary