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  • What is a de Facto State?

    A de Facto State or a factual State is in fact that which, even if in practice it acts as such, is not officially recognized by any rule of rights. There are various reasons for which a de Facto State exists: for example, the State that is formed after having taken power through a coup d’état. In ta his case, for a brief period, and until a new constitution has been approved, an unofficial State system takes the reins of the de Facto State.
    Another sense of the term is that which designates a person who exercises full power of control after a coup d’état even if it doesn’t officially have a formal title of State. The term de Facto State or factual State is indeed used for designating those States that are not disciplined by a legitimate constitutional regulation, meaning those States that arise as a result of a break from the constitutional order, either by a coup d’état or revolution or any other de Facto process, on the edge or in violation of the legal system.
    The characteristics of a de Facto State are:
    1) Total or partial break from the existing order or the institution of a new order based on political, economic or ethnic motives;
    2) The generation of norms or rules for general observation with simple governmental decrees;
    3) the concentration of political power and the exercise of public functions.

    Created on 20/05/2013 in FAQ

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