A de facto monopoly is a system in which many suppliers of a product are allowed, but the market is so dominated by one that the others might as well not exist. The related terms oligopoly and monopsony have a similar meaning and this is the kind of situation that antitrust law is supposed to eliminate. As you can see, de facto refers to situations that are true for practical reasons, while de jure refers to the formal and official status of the issue. In Argentina, successive military coups that overthrew constitutional governments de facto installed governments in 1930-1932, 1943-1946, 1955-1958, 1966-1973 and 1976-1983, the latter of which combined the powers of the presidential office with those of the National Congress. Subsequent legal analysis of the validity of such acts led to the formulation of a doctrine of de facto governments, a (previous) formulation of case law, which essentially stipulated that acts and decrees of previous de facto governments, although not rooted in legal legitimacy when executed, remained binding until they were revoked or repealed de jure by a subsequent legitimate government. A “de facto government” comes to power or remains in power by means not provided for in the country`s constitution, such as . B coup d`état, revolution, usurpation, abrogation or suspension of the constitution. [38] Similarly, a nation with de facto independence, such as Somaliland, is a nation that is not recognized by other nations or international bodies, even if it has its own government that exercises absolute control over its claimed territory. A life partner outside marriage is de facto designated by some authorities as a husband or wife. [24] In Australia and New Zealand, the term “de facto” itself has become a colloquial term for the national partner. [25] In Australian law, this is the legally recognized and committed relationship of a cohabiting couple (opposite sex or same sex).
[26] De facto unions are defined in the Federal Family Law Act 1975. [27] De facto relationships offer couples living together on a genuine domestic basis many of the same rights and benefits as married couples. Two persons may become a common-law couple by entering into a registered relationship (i.e. civil society or domestic partnership) or by being judged as such by the Family Court or the Federal District Court. [28] Couples living together are generally recognized as a common-law relationship and can therefore claim many of the rights and benefits of a married couple, even if they have not registered or formally documented their relationship,[29] although this may vary from state to state. It has been found that it is more difficult to prove the status of de facto relationship, especially in the event of the death of one of the partners. [30] De facto has been in English for several centuries. Like most established loanwords, it does not need to be italicized in normal use (we use italics because it is represented as a word out of context). In the Westminster system of government, executive power is often divided between a de jure executive power of a head of state and a de facto executive power of a prime minister and cabinet that implement executive powers on behalf of the de jure executive authority.
In the United Kingdom, the de jure sovereign is the executive authority, although executive decisions are made by the indirectly elected Prime Minister and his cabinet on behalf of the sovereign, hence the term Her Majesty`s Government. A de facto government is a government in which all the attributes of sovereignty have been transferred by usurpation from those who are legally invested with them to others who, supported by a power over legal forms, claim to act and actually act in their place. [7] De facto is a term that refers to racial discrimination or segregation and was present in the fifties and sixties. This term was simply discrimination, which was NOT segregation by law (de jure). Blacks driving in the back of the bus, blacks who have to walk down the street if there is not enough space for a white person to walk on a sidewalk without falling on a black person, and separate but equal facilities are considered de facto segregation. De facto joint custody is comparable to the joint legal decision-making power that a married couple has over their child(ren) in many jurisdictions (p.B. Canada). After separation, each parent de facto retains joint custody until a court order grants custody, either alone or jointly. [37] Another example of a de facto ruler is someone who is not the actual ruler, but who exerts great or total influence over the real ruler, which is quite common in monarchies. Some examples of these de facto rulers are Empress Dowager Cixi of China (for her son Tongzhi and nephew Emperor Guangxu), Prince Alexander Menshikov (for her former lover Empress Catherine I of Russia), Cardinal Richelieu of France (for Louis XIII) and Queen Maria Caroline of Naples and Sicily (for her husband King Ferdinand I of Sicily). In Law and Government, de facto (/deɪ ˈfæktoʊ, di -/ day FAK-toh, dee -;[ 1] Latin: de facto [deː ˈfaktoː], “in fact”) describes practices that exist in reality, even if they are not officially recognized by law.
[2] [3] [4] It is often used to refer to what happens in practice, as opposed to de jure (“by law”), which refers to things that happen in accordance with the law. Race and ethnicity are de facto important components of gentrification, as communities that tend to be displaced are communities of disproportionate color, but the problem may go beyond racial inequality. In law and government, de jure (/deɪ ˈdʒʊəri, di -/ jour JOOR-ee, dee -; Latin: dē iūre pronounced [deː ˈjuːrɛ], “by law”) describes practices that are legally recognized, whether or not the practice exists in reality. [1] On the other hand, de facto (“in fact”) describes situations that exist in reality, even if they are not legally recognized. [2] When a de facto Australian couple leaves a state, they do not take the state with them and the new federal law is linked to the territorial boundaries of a state. The legal status and the rights and obligations of the de facto or unmarried couple would then be recognized by the laws of the country in which they have their habitual residence. See the section on the Australian Family Court for more explanations on jurisdiction over de facto relationships. Due to Australian federalism, de facto partnerships can only be legally recognised when the couple lives in an Australian state. Indeed, the power to legislate in de facto matters is based on referrals from states to the Commonwealth under section 51(xxxvii) of the Australian Constitution, which states that the new federal law can only be applied within a single state. [32] [33] There must be a state link between the factual relationship itself and the Australian state.
[34] A de facto relationship is comparable to non-marital contracts (sometimes referred to as “solidarity agreements”) and certain forms of national limited partnership found in many jurisdictions around the world. Rothstein contrasts de jure segregation with de facto segregation, which is the result of private actions and personal decisions. Government flags are owned by the government, and Williams was the prime minister, so perhaps he had the de facto authority to do what he wanted. [Winnipeg Free Press] In 1526, after the seizure of power, Imam Ahmad ibn Ibrahim al-Ghazi appointed his brother Umar Din de jure sultan of the Sultanate of Adal. However, Ahmad was in all practice the de facto sultan. [8] Other notable true de facto leaders were Deng Xiaoping of the People`s Republic of China and General Manuel Noriega of Panama. Both men exercised almost all control over their respective nations for many years, although they had neither a legal constitutional function nor the legal authority to exercise power. These people are now commonly referred to as the “rulers” of their respective nations; Registering their legal and correct title would not give an accurate assessment of their power. Terms such as strongman or dictator are often used to refer to de facto rulers of this type. In the Soviet Union, after Vladimir Lenin was incapacitated by a stroke in 1923, Joseph Stalin – who, as general secretary of the Communist Party, had the power to appoint anyone he elected to high-level positions in the Party – eventually became the leader of the Party and the legitimate government. Until the Soviet Constitution of 1936, the party officially declared “. the vanguard of the workers”, which legitimized Stalin`s leadership, Stalin ruled the USSR as a de facto dictator.
A life partner outside marriage is de facto designated by some authorities as a husband or wife. [2] In Australia and New Zealand, a de facto term for domestic partner has become. In Australian law, this is the legally recognized relationship of a couple living together. This is equivalent to the common law marriage used in most other English-speaking countries. He will not stop campaigning because he wants to make the next election a de facto referendum on the carbon tax. [The Canberra Times] Although apartheid officially began in South Africa in 1948 de jure, de facto racist policies and practices that discriminate against black South Africans, people of colour and Indians date back decades. [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] In a hypothetical situation, a king or emperor could de jure be the head of state […].