De facto
Encyclopedia
De facto is a Latin
expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure
(which means "concerning the law") when referring to matters of law
, governance
, or technique (such as standards
) that are found in the common experience as created or developed without or contrary to a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" or "in fact."
Segregation (during the Civil Rights Era in the United States
'De facto' racial discrimination
and segregation
in the USA 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 African Americans residing in the Southeastern
USA. These laws were legally ended in 1964 by the Civil Rights Act of 1964
.
Continued practices of expecting African Americans to ride in the back of buses or to step aside onto the street if not enough room was present for a Caucasian 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 USA may be de facto racially segregated (or nearly so) simply because they are in neighborhoods 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.
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 standardization 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 are more than one proposed standard for the same use.
In social sciences
, a voluntary standard that is also a de facto standard, is a typical solution to a coordination problem.
-speaking countries have no de jure official national language
, such as Australia
, the United Kingdom
, and the United States
. In addition, although the official languages of the Republic of Ireland
are Irish
and English, English is considered to be the de facto 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. Japan
is another example of a country with no language recognized de jure.
Lebanon
and Morocco
are two examples where the official language is Arabic
, but an additional de facto language is French
.
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 by the fact that 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 dictator
s 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 at 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
, 1943–1945
, 1955–1958
, 1966–1973 and 1976-1983
, the last of which combined the powers of the presidential office
to those of the National Congress
. The subsequent legal analysis of the validity of their actions led to the formulation of a doctrine of the "de facto" governments.
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 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.http://www.servat.unibe.ch/icl/ar00000_.html
Some 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
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 legitimizing 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), Grigori Rasputin
through Tsarina Alexandra (for Tsar Nicholas II 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 realm
s, since holders 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 elected Prime Minister and his 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 line of control
in Kashmir
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
.
Similarly, a nation with de facto independence, like Somaliland
, is one that is not recognized by other nations or by international bodies, even though it has its own government that exercises absolute control over its claimed territory.
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 Australia
and New Zealand
, de facto has become a term for one's domestic partner. In Australian law, it is the legally recognized relationship of a couple living together (opposite-sex or same-sex). This is comparable to common-law marriage
, which is used in most other English-speaking
countries.
In finance the World Bank
has a pertinent definition:
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
.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
(which means "concerning the law") when referring to matters of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...
, or technique (such as standards
De facto standard
A de facto standard is a custom, convention, product, or system that has achieved a dominant position by public acceptance or market forces...
) that are found in the common experience as created or developed without or contrary to a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" or "in fact."
Segregation (during the Civil Rights Era in the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
)
'De facto' racial discriminationRacism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
and segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in the USA during the 1950s and 1960s was simply discrimination that was not segregation by law (de jure).
Jim Crow Laws
Jim Crow laws
The Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
, which were enacted in the 1870s, brought legal racial segregation against African Americans residing in the Southeastern
Southeastern United States
The Southeastern United States, colloquially referred to as the Southeast, is the eastern portion of the Southern United States. It is one of the most populous regions in the United States of America....
USA. These laws were legally ended in 1964 by the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
.
Continued practices of expecting African Americans to ride in the back of buses or to step aside onto the street if not enough room was present for a Caucasian person and "separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
" 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 USA may be de facto racially segregated (or nearly so) simply because they are in neighborhoods 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.
Standards
A de facto standardDe facto standard
A de facto standard is a custom, convention, product, or system that has achieved a dominant position by public acceptance or market forces...
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 standardization process, and may not have an official standards document.
Technical standards are usually voluntary, like ISO 9000
ISO 9000
The ISO 9000 family of standards relates to quality management systems and is designed to help organizations ensure they meet the needs of customers and other stakeholders . The standards are published by ISO, the International Organization for Standardization, and available through National...
requirements, but may be obligatory, enforced by government norms, like drinking water quality
Water quality
Water quality is the physical, chemical and biological characteristics of water. It is a measure of the condition of water relative to the requirements of one or more biotic species and or to any human need or purpose. It is most frequently used by reference to a set of standards against which...
requirements. The term "de facto standard" is used for both: to contrast obligatory standards (also known as "de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
standards"); or to express a dominant standard, when there are more than one proposed standard for the same use.
In social sciences
Social sciences
Social science is the field of study concerned with society. "Social science" is commonly used as an umbrella term to refer to a plurality of fields outside of the natural sciences usually exclusive of the administrative or managerial sciences...
, a voluntary standard that is also a de facto standard, is a typical solution to a coordination problem.
National languages
Several de facto EnglishEnglish language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
-speaking countries have no de jure official national language
National language
A national language is a language which has some connection—de facto or de jure—with a people and perhaps by extension the territory they occupy. The term is used variously. A national language may for instance represent the national identity of a nation or country...
, such as Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. In addition, although the official languages of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
are Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
and English, English is considered to be the de facto language.
Russian
Russian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
was the de facto official language of the central government and, to a large extent, republican governments of the former Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, 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. Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
is another example of a country with no language recognized de jure.
Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
and Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
are two examples where the official language is Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
, but an additional de facto language is French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
.
Politics
A de facto governmentGovernment
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
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 by the fact that 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 dictator
Dictator
A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...
s are de facto rulers. For example, Augusto Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
of Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
initially came to power as the chairperson of a military junta
Military junta
A junta or military junta is a government led by a committee of military leaders. The term derives from the Spanish language junta meaning committee, specifically a board of directors...
, which briefly made him de facto leader of Chile, but he later amended the nation's constitution and made himself president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
for life, making him the formal and legal ruler of Chile. Similarly, Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
's formal rule of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq
President of Iraq
The President of Iraq is the head of state of Iraq and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of...
. However, his de facto rule of the nation began at earlier: during his time as vice president
Vice president
A vice president is an officer in government or business who is below a president in rank. The name comes from the Latin vice meaning 'in place of'. In some countries, the vice president is called the deputy president...
, he exercised a great deal of power at the expense of the elderly Ahmed Hassan al-Bakr
Ahmed Hassan al-Bakr
General Ahmed Hassan al-Bakr , was the fourth President of Iraq from 1968 to 1979.-Military career:...
, the de jure president.
In Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, the successive military coups that overthrew constitutional governments installed de facto governments in 1930
José Evaristo Uriburu
José Evaristo de Uriburu y Álvarez de Arenales was President of Argentina from 23 January 1895 to 12 October 1898....
, 1943–1945
Revolution of '43
The 1943 Argentine coup d'état was a Coup d'état on June 4, 1943 which ended the government of Ramón Castillo, who had been fraudulently elected to office, as part of the period known as the Infamous Decade...
, 1955–1958
Revolución Libertadora
The Revolución Libertadora was a military uprising that ended the second presidential term of Juan Perón in Argentina, on September 16, 1955.-History:...
, 1966–1973 and 1976-1983
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
, the last of which combined the powers of the presidential office
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
to those of the National Congress
Argentine National Congress
The Congress of the Argentine Nation is the legislative branch of the government of Argentina. Its composition is bicameral, constituted by a 72-seat Senate and a 257-seat Chamber of Deputies....
. The subsequent legal analysis of the validity of their actions led to the formulation of a doctrine of the "de facto" governments.
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 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.http://www.servat.unibe.ch/icl/ar00000_.html
Some notable true de facto leaders have been Deng Xiaoping
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
and General Manuel Noriega
Manuel Noriega
Manuel Antonio Noriega Moreno is a Panamanian politician and soldier. He was military dictator of Panama from 1983 to 1989.The 1989 invasion of Panama by the United States removed him from power; he was captured, detained as a prisoner of war, and flown to the United States. Noriega was tried on...
of Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
. 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
Strongman (politics)
A strongman is a political leader who rules by force and runs an authoritarian regime. The term is often used interchangeably with "dictator," but differs from a "warlord".A strongman is not necessarily always a formal head of government, however...
or dictator are often used to refer to de facto rulers of this sort. In the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, after Vladimir Lenin
Vladimir Lenin
Vladimir Ilyich Lenin was a Russian Marxist revolutionary and communist politician who led the October Revolution of 1917. As leader of the Bolsheviks, he headed the Soviet state during its initial years , as it fought to establish control of Russia in the Russian Civil War and worked to create a...
incapacitated from a stroke in 1923, Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...
—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
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
officially declared the Party "...the vanguard of the working people", thus legitimizing 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
Empress Dowager Cixi
Empress Dowager Cixi1 , of the Manchu Yehenara clan, was a powerful and charismatic figure who became the de facto ruler of the Manchu Qing Dynasty in China for 47 years from 1861 to her death in 1908....
of China (for son Tongzhi
Tongzhi Emperor
The Tongzhi Emperor , born Aisin-Gioro Dzai Šun, was the tenth emperor of the Manchu-led Qing Dynasty, and the eighth Qing emperor to rule over China, from 1861 to 1875. His reign, which effectively lasted through his adolescence, was largely overshadowed by the rule of his mother, the Empress...
and nephew Guangxu
Guangxu Emperor
The Guangxu Emperor , born Zaitian of the Aisin-Gioro clan, was the eleventh emperor of the Manchurian Qing Dynasty, and the ninth Qing emperor to rule over China. His reign lasted from 1875 to 1908, but in practice he ruled, under Empress Dowager Cixi's influence, only from 1889 to 1898...
Emperors), Prince Alexander Menshikov (for his former lover Empress Catherine I of Russia), Grigori Rasputin
Grigori Rasputin
Grigori Yefimovich Rasputin was a Russian Orthodox Christian and mystic who is perceived as having influenced the latter days of the Russian Emperor Nicholas II, his wife Alexandra, and their only son Alexei...
through Tsarina Alexandra (for Tsar Nicholas II of Russia), Cardinal Richelieu of France (for Louis XIII
Louis XIII of France
Louis XIII was a Bourbon monarch who ruled as King of France and of Navarre from 1610 to 1643.Louis was only eight years old when he succeeded his father. His mother, Marie de Medici, acted as regent during Louis' minority...
), and Queen Marie Caroline of Naples and Sicily (for her husband King Ferdinand I of the Two Sicilies
Ferdinand I of the Two Sicilies
Ferdinand I reigned variously over Naples, Sicily, and the Two Sicilies from 1759 until his death. He was the third son of King Charles III of Spain by his wife Maria Amalia of Saxony. On 10 August 1759, Charles succeeded his elder brother, Ferdinand VI, as King Charles III of Spain...
).
The term de facto head of state is sometimes used to describe the office of a governor general in the Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, since holders of that office has the same responsibilities in their country as the de jure head of state (the sovereign
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
) does within the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
In the Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
of government, executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
authority is often split between a de jure executive authority of a head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and a de facto executive authority of a prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
and cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
who implement executive powers in the name of the de jure executive authority. In the United Kingdom, the Sovereign
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
is the de jure executive authority, even though executive decisions are made by the elected Prime Minister and his Cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
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 line of control
Line of Control
The term Line of Control refers to the military control line between the Indian- and Pakistani-controlled parts of the former princely state of Jammu and Kashmir—a line which, to this day, does not constitute a legally recognized international boundary but is the de facto border...
in Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
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
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
.
Similarly, a nation with de facto independence, like Somaliland
Somaliland
Somaliland is an unrecognised self-declared sovereign state that is internationally recognised as an autonomous region of Somalia. The government of Somaliland regards itself as the successor state to the British Somaliland protectorate, which was independent for a few days in 1960 as the State of...
, is one that is not recognized by other nations or by international bodies, even though it has its own government that exercises absolute control over its claimed territory.
Other uses
A de facto monopolyMonopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
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
Oligopoly
An oligopoly is a market form in which a market or industry is dominated by a small number of sellers . The word is derived, by analogy with "monopoly", from the Greek ὀλίγοι "few" + πόλειν "to sell". Because there are few sellers, each oligopolist is likely to be aware of the actions of the others...
and monopsony
Monopsony
In economics, a monopsony is a market form in which only one buyer faces many sellers. It is an example of imperfect competition, similar to a monopoly, in which only one seller faces many buyers...
are similar in meaning and this is the type of situation that antitrust laws are intended to eliminate.
A domestic partner
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
outside marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
is referred to as a de facto husband or wife by some authorities. In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, de facto has become a term for one's domestic partner. In Australian law, it is the legally recognized relationship of a couple living together (opposite-sex or same-sex). This is comparable to common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
, which is used in most other English-speaking
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
countries.
In finance the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
has a pertinent definition:
- 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
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
.