Legal Definitions - de jure government

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Definition of de jure government

A de jure government is the government that is legally and legitimately constituted according to the laws of the land, its constitution, or international recognition. This means it has the legal right to govern, even if it does not currently possess actual physical control or effective power over its territory. It stands in contrast to a de facto government, which exercises actual control, regardless of its legal legitimacy.

  • Example 1: A Government-in-Exile
    During World War II, after the invasion and occupation of France by Nazi Germany, General Charles de Gaulle established the Free French government in London. While the collaborationist Vichy regime controlled much of France, many Allied nations recognized de Gaulle's Free French as the legitimate, de jure government of France.

    Explanation: This illustrates a de jure government because the Free French maintained legal legitimacy and international recognition as the rightful government, despite lacking physical control over French territory.

  • Example 2: An Overthrown but Legitimate Administration
    Imagine a country where a democratically elected president and parliament are overthrown by a military coup. The military junta now holds actual power, controlling the capital and state institutions. However, many international bodies, such as the United Nations, and a significant portion of the country's population might still consider the ousted president and parliament as the rightful, de jure government, based on the country's constitution and electoral laws.

    Explanation: Here, the elected government retains its legal right to govern, established by law and democratic process, even though it has been forcibly removed from power and does not exercise actual control.

  • Example 3: Disputed Sovereignty Over Territory
    Consider a sovereign nation, recognized internationally, with a constitutionally established government. A rebel group might seize control of a significant portion of its territory and declare its own administration. Despite the rebel group's physical control over that region, the internationally recognized government remains the de jure government for the entire nation, including the disputed territory, because it is the one legally constituted and recognized by international law.

    Explanation: This shows that legal legitimacy and international recognition define the de jure government, even when its authority is challenged by a group exercising physical control over part of its territory.

Simple Definition

A "de jure" government is one that holds legal and legitimate authority according to the law, constitution, or international recognition. This means it has the rightful claim to power, even if it does not currently exercise actual control over the territory or population.

The law is reason, free from passion.

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