We explain what a de facto government is, how it originates and what its doctrines are. In addition, we explain its characteristics, consequences and examples.
What is a de facto government?
It is known as de facto government (from the Latin “in fact”) or government non de jure (from Latin “not by right”) any type of government regime that, despite functioning as such in practice, does not have the legitimacy or endorsement or recognition of any legal norm.
These governments They are not the result of traditional mechanisms or legitimately elected, nor do they obey any legal regulations present in the National Constitution.
We can also speak of a de facto government when there is a secret hand pulling the strings of power without anyone knowinga “government behind the government.”
De facto governments generally They are dictatorial and oppressive in nature that imposes a system or an order on the country by force, or they are opportunistic governments that assume power under favorable conditions, but without playing by the rules.
Also These may be legitimately elected governmentsbut they have broken along the way with all the norms that gave them their validity before the citizens, becoming de facto governments.
There are also cases in which a de facto government enjoys popular approval. But these are not the most common.
See also: Tyranny
When does a de facto government originate?
De facto governments may be established under certain circumstances:
- Overthrows. When power is taken away from a legitimately constituted (or not) government and a new government is established, with or without the support of the people, which exercises the functions of government without any other legitimacy than its own decision.
- Power vacuums. In the event of particularly severe breakdowns of societies or regimes of government that result in a prolonged absence of authority, a de facto government may emerge to hold power in the meantime.
- Electoral fraud. Governments that are the result of fraudulent electoral victories cannot be considered de jure but rather de facto, since they assume power by cheating the system.
- De facto states. When states are created that decide to be independent from another to which they belonged, de facto governments emerge to govern them. This independence can be de facto, without obeying legal rules and without the recognition of other countries.
What is the difference between “de facto” and “de jure”?
The terms de facto and de jure They come from Latin and mean respectively “in fact” and “by law”and they have to do with the legitimacy that accompanies and validates an action or a government regime.
So, Everything that is done “in fact” is done without legal support and without legal validity, that is, by force, outside the legal framework. On the other hand, what is done “by law” is done following the rules, that is, with the accompaniment of the legal or judicial framework and therefore with all the legitimacy of the case.
Which countries have de facto governments?
There are countries with de facto governments in which authority is exercised that has no legal backing of no kind, although in some cases, by staying in power for a long time, these governments generate legal frameworks that provide them with institutionality and legality, as occurred in North Korea.
Another possible case is that a State proclaims its sovereignty and political independence This is contrary to international law and therefore does not enjoy recognition by the organised international community. This is the case of the nations of Abkhazia, Adjara and South Ossetia, for example, which have declared themselves independent of Georgia, although the latter does not recognise such claims.
What is the doctrine of de facto governments?
In some cases, such as Argentina in the 20th century, plagued by dictatorships, the Supreme Court of Justice of the nation was forced in some cases to develop a doctrine to validate and legitimize the normative actions of de facto governmentsthereby granting them a certain institutionality. This is known as de facto doctrine.
What are the consequences of a de facto government?
The consequences of a de facto government can be very diverse. On the one hand, by not playing by the legal rules, There is no way to limit the power of a de facto governmentto put a stop to it or to simply stop it when it is no longer desired. This is the main problem with these governments: they can easily become dictatorships.
In these cases, dictatorships They tend to exercise control based on force and not on the consensus of the law.and to commit all kinds of atrocities freely. Then, when the rule of law returns and the country once again has a de jure government, the perpetrators of such actions can be prosecuted and punished.
But there may also be a de facto government. with popular support to get rid of a corrupt or tyrannical regimeeither de facto or de jure, through a provisional government that leads the nation after the fall of the previous government. In these cases, the de facto government is merely a transition towards democratic recovery and is usually brief and based on national consensus.
What is a coup d’état?
It is known as a coup d’état overthrow of a legitimately constituted government by forceusually due to a military conspiracy, a popular uprising or some kind of social upheaval that disrupts the life of institutions and deposes the government. This is the preferred route to power for military dictatorships.
Continued on: Coup d’état
What is a revolution?
A revolution is the name they receive the violent and sudden changes in the socio-political ordereconomic or otherwise.
It is about the end of something and the beginning of another stage, more popularly said, generally accompanied by a chaotic transition periodviolent or anarchic.
Are de facto governments valid?
There is often debate about the validity of regulations issued during de facto governments, since These rules have no legal support or are illegitimate.but they have already been carried out and have already been exercised by force.
This, in the future, may be declared illegal by legal authorities who will then have to either prosecute those responsible (especially since such regulations often cost lives), or accept them as legitimate and incorporate them into the nation’s existing legal code.
Do they have international recognition?
Just as de facto governments do not have the recognition of the other institutions of the country and are imposed rather by force, self-proclaimed states They do not have the recognition of international mediation institutions and diplomacy between sovereign states, for example, the UN.
This is what happens, for example, with the Palestinian State, which is not fully recognized by the UN He has no say in discussions that not only concern him, but are essential to him.
What examples are there of de facto governments?
Some de facto governments in history have been:
- The “National Reorganization Process” that governed Argentina from 1976 to 1983 was one of its cruelest military dictatorships.
- The Augusto Pinochet regime in Chile, after forcibly overthrowing the government of Salvador Allende, ruled with the military from 1974 to 1990.
- The government of Hugo Banzer in Bolivia between 1971 and 1978, the result of a military coup that he led against the government of Juan José Torres González, allied with various political and economic sectors.