De Jure vs De Facto
Latin expressions de jure and de facto are frequently used in legal and political contexts, but many people find it challenging to discern the precise difference between the two. This is due to their similarities, as both expressions are related to the law, and because most people are not familiar with the nuances of Latin. This article will explain the distinctions between de jure and de facto to help people use these expressions correctly and understand them more easily.
De Jure is a Latin expression that means legitimate or lawful. When referring to governments, de jure signifies legally elected governments that are recognized by other states. In contrast, if someone in a state or country is controlling the government from behind the scenes and holding the real reins of power, they are considered the de facto power. For example, if a government is overthrown by a military coup and forced into exile, other countries will still regard it as the de jure government, while the de facto government is the one in control of the country.
During the US Civil War, the so-called Jim Crow laws proposed racial segregation within the country. The term “de jure segregation” became notorious as it reflected the state’s intention to enforce a class divide between white and black people in society. De jure segregation was most prominent in the southern states, while segregation laws in other areas could be described as de facto segregation because they were enforced by authorities other than the state governments.
Another context in which these expressions are used is statelessness. The UNHCR defines statelessness as a situation where a person lacks nationality or citizenship and remains marginalized in all aspects of life. Stateless people face numerous challenges in their daily lives, such as limited access to healthcare, education, and justice. They are also vulnerable to crimes like human trafficking and drug peddling. For these individuals, the term “de facto statelessness” is used to reflect the reality that they are ignored by the country they are in, and their own country also refuses to accept them as citizens.
During a revolution, when a government is overthrown and a new government assumes power despite having no legal sanction, it is called a de facto government. The overthrown government, still recognized by outside countries, is referred to as the de jure government.
Key Takeaways
- De jure means by law, indicating something that is lawful and legitimate, while de facto means existing but not by law.
- A government overthrown by a military coup is considered the de jure government, while the new, illegal government is called the de facto government.
- De jure and de facto segregation were terms used during the US Civil Rights Movement to distinguish between legally enforced segregation and segregation enforced by non-governmental authorities.
