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In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law." [ 4 ] By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law."
De facto states can be understood as a product of the very system that excludes the possibility of their existence: the post-Second World War and post-colonial system of sovereign and equal states covering every centimeter of the globe. The hegemony of this system, at least until recent years, is what created the possibility of a de facto state ...
De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
A de facto monopoly is a monopoly that was not created by the government. It is most often used in contrast to de jure monopoly, which is one that is protected from competition by government action. [1] In a free market without government intervention this kind of monopoly is theoretically unobtainable for any extended amount of time.
The term "de facto one-party state" is sometimes used to describe a dominant-party system that, unlike a one-party state, allows (at least nominally) multiparty elections, but the existing practices or balance of political power effectively prevent the opposition from winning power.
While a sovereign state can agree by treaty to become a protectorate of a stronger power, modern international law does not recognise any way of making this relationship compulsory on the weaker power. Suzerainty is a practical, de facto situation, rather than a legal, de jure one. Current examples include Bhutan and India.
De facto recognition of states, rather than de jure, is rare. De jure recognition is stronger, while de facto recognition is more tentative and recognizes only that a government exercises control over a territory. An example of the difference is when the United Kingdom recognized the Soviet state de facto in 1921, but de jure only in 1924.
The definition of a proto-state is not concise, and has been confused by the interchangeable use of the terms state, country, and nation to describe a given territory. [29] The term proto-state is preferred to "proto-nation" in an academic context, however, since some authorities also use nation to denote a social, ethnic, or cultural group ...