and social relationships, influencing policies, rights, and international relations.
De facto situations arise in many areas where practical realities differ from legal frameworks, shaping how institutions and societies function in practice, and the term is used to describe concepts that have, or could have, both a declared official form as well as an unofficial functioning form. For example, a de facto government holds power without legal recognition, a de facto standard is widely adopted in a market despite a lack of formal agreement, and a de facto language is widely spoken even if it lacks official status.
Jurisprudence and de facto law
[edit]Not be confused with unenforced law.
See the Brussels effect for de facto "regulatory globalisation" by the European Union.
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."[5][6] For example, if a particular law exists in one jurisdiction, but is followed in another where it has no legal effect (such as in another country), then the law could be considered a de facto regulation (a "de facto regulation" is not an officially prescribed legal classification for a type of law in a particular jurisdiction, rather, it is a concept about law(s).[7][8][5]************
In law and government, de jure (/de? ?d???ri, di -, - ?j??r-/; Latin: [de? ?ju?re]; lit. 'from law') describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with de facto ('from fact'), which describes situations that exist in reality, even if not formally recognized.[1]
Definition
[edit]Usage
[edit]Jurisprudence and de jure law
[edit]See also: Unenforced law
In U.S. law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (that existed because of voluntary associations and neighborhoods) and de jure segregation (that existed because of local laws) became important distinctions for court-mandated remedial purposes.[4]