De Facto vs De Jure: Difference and Comparison

A De facto standard has achieved a stronghold through enforcement, custom, or commercial dominance.

It has not obtained formal approval by way of a standardisation technique and may not have a standards document that has been authorised.

A purposeful standard that is also a de facto standard is a specific explanation for a coordinating quandary in the social sciences.

Key Takeaways

1. De Facto refers to a situation that exists in reality, even if it is not officially recognized or legally sanctioned. In contrast, De Jure refers to a situation recognized or sanctioned by law.
2. De Facto power is obtained through practical means, while De Jure power is obtained through legal means.
3. De Facto discrimination occurs in practice, while De Jure discrimination occurs through laws or policies.

De Facto vs De Jure

The difference between De Facto and De Jure is that because the De Facto scenario emerges as a result of a true situation, it is not legalised. However, on the contrary, De Jure is recognised only after all legal formats have been processed. De Facto refers to what happens in the real world under the reign of any law or government. The term “de jure” refers to state-sanctioned behaviours. It doesn’t matter whether or not practices are practised.

Factual recognition is called de facto. Unlike its counterpart, De Jure, De Facto is only present for a short time. As a result, De Facto is also a possibility.

De Facto does not have a diplomatic exchange. The state succession regulations do not affect the ground. The de facto government lacks the legal authority to collect a public debt or a state asset.

In most cases, the government that gains De Facto recognition has two rival governments.

Legal acknowledgement is known as de jure. De Jure cannot be revoked because it is not a temporary but a permanent status.

The diplomatic representatives are exchanged in the instance of De Jure. The state succession norms guide De Jure’s work.

Both public debts and state assets are fully recoverable by the De Jure government. In most cases, a general De Jure government has only one adversary.

Comparison Table

Parameters of Comparison	De Facto	De Jure
Type of Recognition	Factual recognition	Legal recognition
Characteristic	Temporary	Permanent
Withdrawal	Can be withdrawn	It cannot be withdrawn
Legalisation by Law	Not legalised by law, does not follow the law.	Works according to the law.
Exchange	The exchange of diplomatic representatives does not take place.	Exchange of the diplomatic representatives takes place.
State Succession Rules	No impact on the state.	Works by state succession rules.
Authority	No authority to recover a public debt or state asset.	Have the authority of recovering both public debts and state assets.
Rivalry Government	Two rival governments are present.	Only one rival government is present.

What is De Facto?

De Facto refers to actual practices that occur under the control of any law or government. They exist, even though they are not recognised by law. In reality, de facto standards are standards.

These are frequently used by the industry and its clients. Market-driven is another term for them. Once accepted, these can become De Jure.

Factual recognition is known as de facto. Unlike its counterpart, De Jure, De Facto has a transient nature. As a result, De Facto can be revoked as well.

Because the De Facto scenario emerges as a result of a real occurrence, it is not legalised by law. The exchange of diplomatic officials does not take place in the event of De Facto.

The rules of state succession do not imply a de facto government. The de facto government lacks the authority to collect a public debt or a state asset.

The government that achieves De Facto recognition is frequently accompanied by two rival governments.

What is De Jure?

Practices that are legally acknowledged by the state are referred to as de jure. It is indifferent to whether or not the practice exists in actuality. De jure standards are those that are based on the law.

A formal standards group has endorsed these. Each standard is ratified and approved by the organisation through its official procedures.

The legal recognition is known as de jure. Because De Jure is permanent rather than transitory, it cannot be revoked. De Jure is recognised only after all of the legal formats have been processed.

The exchange of diplomatic representation occurs in the instance of De Jure.

The state succession norms are followed by De Jure. The De Jure government has complete control over the collection of both public debts and state assets.

There is only one rival government in a general De Jure government.

Main Differences Between De Facto and De Jure

1. De Facto is the Factual recognition. On the other hand, De Jure is the legal recognition.
2. De Facto is temporary in characteristic, unlike its counterpart, De Jure. Therefore, De Facto can be withdrawn as well. On the other hand, as De Jure is not temporary but rather permanent, therefore it can’t be withdrawn.
3. The situation of the De Facto arises due to a factual situation. Therefore it is not legalised by law. On the other hand, only after processing all the formats of the law De Jure recognised.
4. In the case of De Facto, the exchange of diplomatic representatives does not take place. On the other hand, in the case of De Jure, the exchange of diplomatic representatives takes place.
5. On De Facto, the rules of the state succession do not have any impact. On the other hand, De Jure works accordingly to the state succession rules.
6. De Facto government do not have the authority to recover a public debt or state asset. On the other hand, the De Jure government hold the full authority of recovering both public debts and state assets.
7. The government which receives De Facto recognition comes with two government rivalries. On the other hand, a general De Jure government have only one rival government.

References

1. https://www.sciencedirect.com/science/article/pii/S0301479719311788
2. https://link.springer.com/article/10.1007/s10668-020-00923-7