Thursday 9 January 2014

Unit 2: Constitution and the Law - Homework for Monday

This will test who actually looks at the blog! I would like you to come up with another example of the 'De Jure' Vs 'De Facto' issue discussed below.

de facto means that something is in effect in reality without a law mandating it. (in practice)

de jure means it is specifically mandated by law. (in law)

Examples:

In American law, particularly after Brown v. Board of Education (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that mandated the segregation), became important distinctions for court-mandated remedial purposes.

Please put your answers on this blog by replying to this post. The quicker you reply the less likley someone has already used your example!

(I don't want any repetition!)


11 comments:

  1. De facto- Stalin ruling USSR wasn't by de jure but due to the fact that he had a great influence and a position as a General Secretary to appoint people even though he is not the actual leader.
    2) English language is official language of USA but it is de facto and not de jure as it is not mandatory
    3) Queen has to sign the Bill so that it can become the law, and it is de facto that Queen will always sign the Bill

    De Jure- In April 24, 1990 Russian becomes de jure language of the Soviet Union
    Croatia is in European Union by de jure as it had signed the treaty in November, 2013
    Rahim

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  2. De Facto - How the military in Egypt have now taken over until the next leader is elected. This is not authorised, therefore becomes de facto because the people did not vote for them to run the country. Labour came into power in 1997 which was de jure, because they were elected by the people, which therefore gives them the authority, and right to rule.
    Qasim

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  3. In commonwealth nations such as Australia the Governer general is sometimes described as being the de facto head of state as they exercise all of the functions and responsibilities of an active head of state of the de jure head of state- the queen or president- in most other nations. Yet in all of these countries it is written into law that the Queen remains the head of state, therefore she remains the de jure head of state

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  4. An example of De Facto is that by some authorities a domestic partner outside marriage is referred to as a de facto husband or wife, while a married couple would be De Jure

    Ruby

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  5. In the case of a war between two nations 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. Whilst a de jure state would be when there has been an official declaration of war between two countries.

    Jay

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  6. De facto means in law, it often means in practice but not necessarily ordained by law 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 and a De Jure leader.

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  7. De jure can stand for national rights. De facto is a government that maintains itself with the display of force. They are against the will of the rightful, regal government and is successful by doing so. At least temporarily. De facto is usually illegal or illegitimate. thus an officer, king or government, de facto is one who is an actual possession of the office of supreme power lead by assumption all without lawful title, while a De jure is one who claims a rightful title to the office or power but who has never been unqualified or seeks possession of it. De facto: they may sit in a seat of power but it was granted by the person taking or claiming it illegitimately. They tend to assert power. More or less de facto is the possession of authority and control of state. Pol Pot of Cambodia is a good example of de facto as he was granted power from someone with a higher authority and not earning it legitimately, enforcing a communist revolution upon the country, a dictator who decides to allow genocide on his own people. Sovereignty is also an example of de facto as of the old English monarchy allowing supreme power to a small group of people with permanent authority. The Taliban are also de facto as the members and representatives hold power in Afghanistan. De Jure can relate to western civilisation like U.S.A whose leaders are voted in legally through the power of the people to be leader; also U.K and Western Europe fit under this category as they have their leaders voted in legally.
    -Chris

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  8. de facto means that something is in effect in reality without a law mandating it. (in practice) so, a de facto situation is where an act is performed without the need for any written legislation for example Seoul, Washington reach 'de facto' agreement on defense cost accord. This is where there is no legislation stating that South Korea have to pay America for it's soldiers but, South Korea are willing to pay the money so it is a de facto situation?

    de jure means it is specifically mandated by law. (in law). Therefore, a de jure situation is when a written agreement for example is abided by a recent de jure occurrence is where News Of The World was shut down as they defied privacy laws when they hacked into people's phones?

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  9. The Communist Government in China remained de-facto sov­ereign whereas the National Government under Chiang Kai-sheik was de-jure government. Since the Communist Government of China has now been recognized by the international community, it has now acquired the position of a de-jure sovereign as well.

    Mikaeel

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  10. Several de facto English-speaking countries have no de jure official national language, such as Australia, the United Kingdom, and the United States. Although the official languages of the Republic of Ireland are Irish and English, English is considered to be the de facto language.

    In the U.S Women were not given the right to vote until 1920, when the 19th Amendment was ratified, allowing women to legally vote. However, many women were denied the right to vote through de facto policy long after this in communities where people disagreed with the suffragist movement.


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  11. In Canada, more specifically and in higher concentration British Columbia, the illegality of cannabis is considered "De jure", whereas the widespread use, in striking similarity to the American liquor prohibition and of the 1930s, is an example of ˈDe factoˈ Civil Disobedience.

    Garrett

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