De jure

In law and government, de jure (/deɪ ˈdʒʊəri, di-/; Latin: de iure, lit. 'in law' Latin pronunciation: [deː juːre]) describes practices that are legally recognised, regardless of whether the practice exists in reality.[1] In contrast, de facto ("in fact" or "in practice") describes situations that exist in reality, even if not legally recognised.[2] The terms are often used to contrast different scenarios: for a colloquial example, "I know that, de jure, this is supposed to be a parking lot, but now that the flood has left four feet of water here, it's a de facto swimming pool".[3] To further explain, even if the signs around the flooded parking lot say "Parking Lot" (the signs effectively being the "law" determining what it is) it is "in fact" a swimming pool (with the water, the current practical circumstances, determining what it is).

Examples

It is possible to have multiple simultaneous conflicting (de jure) legalities, possibly none of which is in force (de facto). After seizing power in 1526, Ahmad ibn Ibrahim al-Ghazi made his brother, Umar Din, the lawful (de jure) Sultan of Adal. Ahmad, however, was in practice (de facto) the actual Sultan, and his brother was a figurehead.[4] Between 1805 and 1914, the ruling dynasty of Egypt ruled as de jure viceroys of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, from about 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, Egypt was by Ottoman law de jure a province of the Ottoman Empire, but de facto was part of the British Empire.[5]

In U.S. 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.[6]

See also

References

  1. ^ "de jure". Dictionary.com. Dictionary.com, LLC. Retrieved 11 July 2016.
  2. ^ "Definition of 'de facto' adjective from the Oxford Advanced Learner's Dictionary". OxfordLearnersDictionaries.com. Oxford University Press. Retrieved 11 July 2016.
  3. ^ "Legal English: "De Facture/De Jure"". @WashULaw. Washington University School of Law. 28 December 2012. Retrieved 11 July 2016.
  4. ^ "Aḥmad Grāñ - Somalian Muslim leader". Encyclopædia Britannica, Inc. Britannica.com. Retrieved 11 July 2016.
  5. ^ Mak, Lanver (2012-03-15). The British in Egypt: Community, Crime and Crises 1882-1922. I.B.Tauris. ISBN 9781848857094.
  6. ^ James Anderson; Dara N. Byrne (29 April 2004). The Unfinished Agenda of Brown V. Board of Education. Diverse: Issues In Higher Education. pp. 55–. ISBN 978-0-471-64926-7.
Ağoğlan

Ağoğlan, Kosalar (previously known as Kosalar) is a village in the de jure Lachin Rayon of Azerbaijan, or de facto Kashatagh Region of Nagorno-Karabakh Republic. The Tzitzernavank Monastery is located in the village.

Baron Bergavenny

The title Baron Bergavenny (or Abergavenny) was created several times in the Peerage of England and once in the Peerage of Great Britain, all but the first being baronies created by error.

The feudal barony of Abergavenny came into existence shortly after the Norman Conquest of 1066. The barony by writ was first created in 1392 for Sir William de Beauchamp, a younger son of the 11th Earl of Warwick. This creation passed to his son, who succeeded as 2nd Baron, and who was subsequently created Earl of Worcester. On his death, the Earldom of Worcester became extinct, but the Barony passed to his daughter, who by modern doctrine succeeded as 3rd Baroness. She died in 1447, when the Barony descended to her son, who succeeded as 4th Baron.

In 1450, however, Sir Edward Nevill, widower of the 3rd Baroness, was summoned to Parliament as Lord Bergavenny. It has been assumed that this summons was intended to be in right of his wife, but as she was already dead and the Barony was already vested in her son by Nevill, by modern doctrine this served to create a new Barony by Writ. This second creation merged with the first creation in 1476, when the 1st Baron died and his son, the aforementioned 4th Baron of the first creation, also became 2nd Baron of the second creation.

In 1587, on the death of the 6th Baron (of the first creation) and 4th Baron (of the second creation), by modern doctrine both Baronies descended to his daughter, Mary, Lady Fane, wife of Sir Thomas Fane, who thus became de jure 7th and 5th Baroness. The title (for it was believed at the time only to be one Barony) was claimed by Edward Nevill, the heir male of the 4th and 2nd Baron, and in 1604 he was summoned to Parliament as Lord Bergavenny. As he was not entitled to either of the existing Baronies, this served to create a further Barony by Writ. By modern doctrine, the first and second creations descended to the Earls of Westmorland, heirs of the 7th and 5th Baroness, until both became abeyant on the death of the 7th Earl (and 14th and 12th Baron) in 1762.

The wrongful assumption that the Barony descended to heirs male continued, and this pattern (heirs general being deprived of their rightful title and heirs male being summoned to Parliament, with a new title being created in the process) was repeated several times, resulting in the fourth to seventh creations. The fourth and fifth creations became extinct on the death of the first holder of each, who both died without heirs, and the sixth became abeyant in 1811. The provenance of the third creation is unclear. None of these new creations were recognised as such at the time.

The last creation, and the only one in the Peerage of Great Britain, came in 1724, in favour of William Nevill. His son, who succeeded as 2nd Baron, was created Earl of Abergavenny in 1784, and the 5th Earl was created Marquess of Abergavenny in the Peerage of the United Kingdom in 1876. The Barony descended with the Earldom and then also the Marquessate (both of which were limited to heirs male) until 1938, when the 3rd Marquess died leaving no surviving sons but two surviving daughters, whereupon the Barony fell into abeyance between them. The heirs of those daughters, the 6th Marquess Camden and the 23rd Baron Hastings by the principle of moiety title are the co-heirs to one half of the Barony each and neither has petitioned for the title to be settled upon one or the other (c.f. Baron Arlington).

Abergavenny is a market town in Monmouthshire in south east Wales, with a castle.

Baron Hylton

Baron Hylton is a title that has been created twice, once in the Peerage of England and once in the Peerage of the United Kingdom. The first creation came in the Peerage of England 1295 when Robert Hylton was summoned to the Model Parliament as Lord Hylton by writ. His son, Alexander, was called to Parliament in 1332 and 1335, but no further summons were sent for his descendants. Therefore, the title has only been held de jure after the death of the second baron. Indeed, the last baron was Member of Parliament for Carlisle after "inheriting" the title, due to this anomaly. Despite this, the creation is deemed to have fallen into abeyance on the death of the eighteenth baron without male heirs in 1746.

The second creation came in the Peerage of the United Kingdom in 1866 when the soldier and Conservative politician, Sir William Jolliffe, 1st Baronet, was made Baron Hylton of Hylton in the County Palatine of Durham and of Petersfield in the County of Southampton. He had already been created a Baronet, of Merstham in the County of Surrey, in 1821. He was the grandson of William Jolliffe (for many years Member of Parliament for Petersfield), and a co-heir of the original barony of Hylton through his grandmother Eleanor (the wife of William Jolliffe), daughter of Anne Hylton, sister of the eighteenth Baron of the 1295 creation.

Lord Hylton was succeeded by his second son, the second Baron. He notably represented Wells in the House of Commons as a Conservative. His son, the third Baron, also represented Wells in Parliament as a Conservative and after entering the House of Lords notably served as Captain of the Yeomen of the Guard from 1918 to 1924. His son, the fourth Baron, was Lord Lieutenant of Somerset from 1949 to 1964. As of 2017 the titles are held by the latter's eldest son, the fifth Baron. He is one of the ninety elected hereditary peers who remain in the House of Lords after the House of Lords Act of 1999. Lord Hylton sits as a cross-bencher.

The principal seat of the Hylton family was Hylton Castle, with a subsidiary property at Ammerdown House, near Kilmersdon, Somerset.

Constitution of Estonia

The Constitution of Estonia is the fundamental law of the Republic of Estonia and establishes the state order as that of a democratic republic where the supreme power is vested in its citizens. The first Constitution was adopted by the freely elected Estonian Constituent Assembly on 15 June 1920 and came into force on 21 December 1920. The second Constitution was adopted on 24 January 1934, following a referendum in 1933, and was in force until the third Constitution was enacted on 1 January 1938. It remained in force, de facto, until 16 June 1940, when the Soviet Union occupied Estonia and, de jure, until 28 June 1992, when the fourth and current Constitution of the Republic of Estonia was adopted by referendum.

De facto

In law and government, de facto ( or ; Latin: de facto, "in fact"; Latin pronunciation: [deː ˈfaktoː]) describes practices that exist in reality, even if not officially recognised by laws. It is commonly used to refer to what happens in practice, in contrast with de jure ("in law"), which refers to things that happen according to law. Unofficial customs that are widely accepted are sometimes called de facto standards.

De facto corporation and corporation by estoppel

De facto corporation and corporation by estoppel are both terms that are used by courts in most common law jurisdictions to describe circumstances in which a business organization that has failed to become a de jure corporation (a corporation by law) will nonetheless be treated as a corporation, thereby shielding shareholders from liability.

De facto standard

A de facto standard is a custom or convention that has achieved a dominant position by public acceptance or market forces (for example, by early entrance to the market). De facto is a Latin phrase that means in fact (literally by or from fact) in the sense of "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established", as opposed to de jure.

The term de facto standard is used in contrast with obligatory standards (also known as "de jure standards"); or to express the dominant voluntary standard, when there is more than one standard available for the same use.

In social sciences, a voluntary standard that is also a de facto standard is a typical solution to a coordination problem. The choice of a de facto standard tends to be stable in situations in which all parties can realize mutual gains, but only by making mutually consistent decisions. In contrast, an enforced "de jure standard" is a solution to the prisoner's problem.

De jure belli ac pacis

De iure belli ac pacis (English: On the Law of War and Peace) is a 1625 book in Latin, written by Hugo Grotius and published in Paris, on the legal status of war. It is now regarded as a foundational work in international law.

Diplomatic recognition

Diplomatic recognition in international law is a unilateral political act with domestic and international legal consequences whereby a state acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be reaccorded either de facto or de jure. Recognition can be a declaration to that effect by the recognizing government, or an act of recognition such as entering into a treaty with the other state. A vote by a country in the United Nations in favour of the membership of another country is an implicit recognition of that country by the country so voting, as only states may be members of the UN.

The non-recognition of particular acts of a state does not normally affect the recognition of the state itself. For example, the international rejection of the occupation of particular territory by a recognised state does not imply non-recognition of the state itself, nor a rejection of a change of government by illegal means.

Earl of Devon

The title of Earl of Devon was created several times in the English peerage, and was possessed first (after the Norman Conquest of 1066) by the de Redvers (alias de Reviers, Revieres, etc.) family, and later by the Courtenays. It is not to be confused with the title of "Earl of Devonshire", held, together with the title Duke of Devonshire, by the Cavendish family of Chatsworth House, Derbyshire, although the letters patent for the creation of the latter peerages used the same Latin words, Comes Devon(iae). It was a re-invention, if not an actual continuation, of the pre-Conquest office of Ealdorman of Devon.Close kinsmen and powerful allies of the Plantagenet kings, especially Edward III, Richard II, Henry IV and Henry V, the Earls of Devon were treated with suspicion by the Tudors, perhaps unfairly, partly because William Courtenay, 1st Earl of Devon (1475–1511), had married Princess Catherine of York, a younger daughter of King Edward IV, bringing the Earls of Devon very close to the line of succession to the English throne. During the Tudor period all but the last Earl were attainted, and there were several recreations and restorations. The last recreation was to the heirs male of the grantee, not (as would be usual) to the heirs male of his body. When he died unmarried, it was assumed the title was extinct, but a much later very distant Courtenay cousin, of the family seated at Powderham, whose common ancestor was Hugh de Courtenay, 2nd Earl of Devon (d.1377), seven generations before this Earl, successfully claimed the title in 1831. During this period of dormancy the de jure Earls of Devon, the Courtenays of Powderham, were created baronets and later viscounts.

During this time, an unrelated earldom of similar name, now called for distinction the Earldom of Devonshire, was created twice, once for Charles Blount, 8th Baron Mountjoy, who had no legitimate children, and a second time for the Cavendish family, now Dukes of Devonshire. Unlike the Dukes of Devonshire, seated in Derbyshire, the Earls of Devon were strongly connected to the county of Devon. Their seat is Powderham Castle, near Starcross on the River Exe.

The Earl of Devon has not inherited the ancient and original Barony of Courtenay or the Viscountcy of Courtenay of Powderham (1762–1835); nevertheless, his heir is styled Lord Courtenay by courtesy.

Government of the Autonomous Republic of Abkhazia

The Government of the Autonomous Republic of Abkhazia (Georgian: აფხაზეთის ავტონომიური რესპუბლიკის მთავრობა, translit.: apkhazetis avt'onomiuri resp'ublik'is mtavroba) is an administration recognized by Georgia as the legal and only government of Abkhazia. Abkhazia has been de facto independent of Georgia – though with very little international recognition – since the early 1990s. Vakhtang Kolbaia, elected in April 2013, is the current head of the government-in-exile.

After the War in Abkhazia (1992–1993) Georgia proposed five-party talks involving the Government of the Autonomous Republic, the government of the de facto authorities of Abkhazia, and the government of Georgia, along with Russia and the UN as interested parties, in order to settle the final status of Abkhazia within the framework of the Georgian state. The Abkhaz side wanted assurances that Georgia would not try to solve the issue by force of arms before being a party to the talks.

Between September 2006 and July 2008, the Georgian recognized government was headquartered in Upper Abkhazia. However it was forced out of all of Abkhazia in August 2008 during the Russo-Georgian war by the Abkhazian armed forces. Upper Abkhazia is a territory that has population of c. 2,000 (1-1.5% of Abkhazia's post-war population) and is centered on the upper Kodori Valley (roughly 17% of the territory of the former Abkhaz ASSR). The government-in-exile is partly responsible for the affairs of some 250,000 internally displaced persons who were forced to leave Abkhazia following the War in Abkhazia and the resulting ethnic cleansing of Georgians from the area.

Jure uxoris

Jure uxoris is a Latin phrase meaning "by right of (his) wife". When a man uses a title of nobility because his wife holds it suo jure ("in her own right"), the man is said to hold the title jure uxoris. Similarly, the husband of an heiress could become the legal possessor of her lands. For example, married women in England were legally incapable of owning real estate until the Married Women's Property Act 1882.

Kings who ruled jure uxoris are not to be confused with kings consort, who were merely consorts of their wives, not co-rulers.

Karki, Azerbaijan

Karki (also Kərki, Kiarki, Kyarki) or Tigranashen is a village that is de jure an exclave of the Nakhchivan Autonomous Republic of Azerbaijan. The village is near the border with Armenia, located on the bank of the Arpachay River near the Yerevan-Jermuk highway, which is 15 kilometres (9.3 mi) away from the district center. The area of the village itself is 950 hectares (2,300 acres). Karki is de jure within the administrative territory of the Sadarak Rayon of Nakhchivan. It was occupied on January 19, 1990, by Armenian forces.Since May 1992, following the Nagorno-Karabakh War, Karki has been controlled by Armenia, which administers the 19 km2 (7.3 sq mi) territory as part of its Ararat Province. The main highway connecting northern Armenia with southern Armenia passes right by the village, which is today mostly inhabited by Armenians, both locals and refugees from Azerbaijan. The village has been renamed Tigranashen by the Armenian government after the ancient king Tigranes the Great, under whose reign the Kingdom of Armenia attained its greatest power.After the war, many of the former inhabitants of Karki resettled in a new village, Yeni Kərki (New Karki), created within the Kangarli District of Azerbaijan.

List of countries where Spanish is an official language

The following is a list of countries where Spanish is an official language, plus a number of countries where Spanish, or any language closely related to it, is an important or significant language.

List of territorial entities where English is an official language

The following is a list of territories where English is an official language, that is, a language used in citizen interactions with government officials. As of 2019, there are 55 sovereign states and 27 non-sovereign entities where English was an official language. Many country subdivisions have declared English an official language at the local or regional level.

The majority of states where English is an official language are former territories of the British Empire. Notable exceptions include Rwanda, which was formerly a Belgian territory, Cameroon, where only part of national territory were under British mandate, and Liberia, the Philippines, the Federated States of Micronesia, the Marshall Islands, and Palau, which were under American rule. English is the sole official language of the Commonwealth of Nations and the Association of Southeast Asian Nations. English is one of the official languages of the United Nations, the European Union, NAFTA, African Union, Organisation of Islamic Cooperation, Caribbean Community, Union of South American Nations and many other international organisations. Although English is de jure not an official language at the national level in the United States, most states and territories within the United States have English as an official language. Only Puerto Rico uses a language other than English as a primary working language.

The United Kingdom, the United States, Australia and New Zealand, where the overwhelming majority of native English speakers reside, do not have English as an official language de jure, but English is considered to be their de facto official language due to its dominant position in these countries.

National sport

A national sport is considered to be an intrinsic part of the culture of a nation. Some sports are de facto (not established by law) national sports, as baseball is in the United States and Gaelic games are in the Ireland, while others are de jure (established by law) national sports, as lacrosse and ice hockey are in Canada. These sports do not have to be necessarily the most played or most followed, which would be either association football or cricket in all but a few countries are widely considered to be important to the significant for its culture.

Vaguas

Qozlu (also, Vaghouhas, Vaghuhas, Vaguas, Vaguaz, and Vaquas) is a village in the Martakert Region of the de facto independent Republic of Artsakh, and de jure the Kalbajar Rayon of Azerbaijan. There are located ruins of ancient Armenian settlement "Mayrakahag"

Viscount Gormanston

Viscount Gormanston is a title in the Peerage of Ireland created in 1478 and held by the head of the Preston family, which hailed from Lancashire.

The holder is Premier Viscount of Ireland, as well as the bearer of the oldest vicomital title in the British Isles. The Preston family descends from Sir Robert Preston, who served as Lord Chancellor of Ireland. Sometime between 1365 and 1370 he was created Baron Gormanston by writ to the Parliament of Ireland. His son and heir, the second Baron, played a prominent part in public affairs later being arrested for treason in 1418. His great-grandson, the fourth Baron, served as Lord Deputy of Ireland: in 1478 he was created Viscount Gormanston in the Peerage of Ireland. His great-great-great-great-grandson, the seventh Viscount, was a supporter of King James II and was outlawed after the Glorious Revolution.

Jenico Preston helped to suppress the Irish Rebellion of 1798. In 1800 he had the outlawry reversed and was summoned to the Irish House of Lords as the twelfth Viscount Gormanston. He was the great-grandson of Anthony Preston, the de jure ninth Viscount Gormanston, the nephew of the seventh Viscount. The twelfth Viscount was succeeded by his son, the thirteenth Viscount. In 1868 he was created Baron Gormanston, in County Meath, in the Peerage of the United Kingdom, which gave the Viscounts an automatic seat in the House of Lords. His son, the fourteenth Viscount, notably served as Governor of British Guiana and as Governor of Tasmania. As of 2018 the titles are held by the latter's great-grandson, the seventeenth Viscount who succeeded to the titles in 1940 at the age of seven months after his father was killed in action during the Battle of France in the Second World War.

Another member of the Preston family was Thomas Preston, 1st Viscount Tara. He was the second son of the fourth Viscount Gormanston. Also, John Preston, 1st Baron Tara, was a descendant of a younger brother of the first Viscount Tara.

The unusual first name Jenico derives from the Gascon-born soldier Sir Jenico d'Artois, a prominent military commander who became a substantial landowner in Ireland. His daughter Jane married the 3rd Baron Gormanston, and was mother of Sir Robert Preston, who was created a viscount.

The family seat was Gormanston Castle, near Drogheda, County Meath.

Viscount of Oxfuird

Viscount of Oxfuird is a title in the Peerage of Scotland. It was created in 1651 for Sir James Makgill, 1st Baronet, along with the subsidiary title of Lord Makgill of Cousland, also in the Peerage of Scotland, with remainder to his "heirs male of tailzie and provision whomsoever". He had already been created a Baronet, of Makgill, in the Baronetage of Nova Scotia on 19 July 1625, with remainder to heirs male whatsoever. The remainder to heirs male whatsoever was a Scottish concept that permitted inheritance by persons not descended from the original grantee, but descended in the male line from male-line ancestors of the grantee. However, on the death of the first Viscount's son, the second Viscount, the Lordship and Viscountcy were assumed (wrongfully according to a 1977 decision by the House of Lords) by his daughter Christian, as heir of tailzie and provision. Her son Robert Maitland Makgill also voted as Viscount of Oxfuird at the election of Scottish Representative Peers in 1733.

However, according to a decision by the Committee for Privileges of the House of Lords in 1977 the rightful heir to the Baronetcy, Lordship and Viscountcy was the second Viscount's kinsman David Makgill, the de jure third Viscount of Oxfuird (d. 1717). He was the eldest son of Sir James Makgill (d. 1661), grandson of Sir James Makgill (d. 1579), great-uncle of the first Viscount of Oxfuird. His son, the fourth Viscount, attempted to prove his claim, but was unsuccessful. Thereafter, the matter was generally left alone.

However, according to the decision by the Committee for privileges the rightful descent of the titles was to have been as follows. On the death of the fourth Viscount the claim passed to his kinsman John Makgill, the de jure fifth Viscount. He was the grandson of Reverend John Makgill, third son of the aforementioned Sir James Makgill (d. 1661). His younger son George Makgill, the de jure seventh Viscount, fought in the Jacobite army of Bonnie Prince Charles, was attainted but later pardoned. His great-grandson John Makgill, the de jure tenth Viscount, resumed the claim to the Baronetcy, Lordship and Viscountcy. Shortly after his death in 1906 the matter was resolved in his favour in regard to the Baronetcy, but the Lordship and Viscountcy still remained dormant. Consequently, his son George Makgill, the de jure eleventh Viscount, became the eleventh Baronet, of Makgill. He continued to petition for the revival of the lordship and viscountcy.

However, it was not until 1977 that his son Sir John Makgill, 12th Baronet, of Makgill, had the claim admitted by the Committee for Privileges of the House of Lords and was issued with a writ of summons to the House of Lords as the twelfth Viscount of Oxfuird. His nephew, the thirteenth Viscount, was a Deputy Speaker of the House of Lords and was until his death in 2003 one of the ninety elected hereditary peers that were allowed to remain in the House of Lords after the passing of the House of Lords Act 1999. He was succeeded by his eldest twin son, the fourteenth and (As of 2013) present holder of the titles.

Since all Viscounts in the Peerage of Scotland use "of" in their titles, all of them should use the word "of". Most Scottish Viscounts have however dropped the practice of using it, the only ones who continue to do so being the Viscount of Arbuthnott, and, to a lesser extent, the Viscount of Oxfuird.

The title of the Viscountcy is pronounced "Oxfurd". The Viscounts' seat was the original Oxenfoord Castle in Midlothian, built by the MakGills in the 16th century.The Viscount of Oxfuird is the hereditary Clan Chief of Clan Makgill.

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