The de facto sovereign is thus, the strongest active force in the State and capable of making its will prevari. But the de jure and de facto sovereignty should ultimately coincide, otherwise there is a danger of conflict between them.
Garner says, The sovereign who succeeds in maintaining his power usually becomes in the course of time the legal sovereign, through the acquiescence of the people or the reorganisation of the State, somewhat as actual possession in private law ripens into legal ownership through prescription New laws are made in order to give a definite status to the de facto in order to expedite the extinction of the previously existing de jure sovereign. The de facto sovereign himself, too, will not like to continue his authority based exclusively upon physical force for an indefinite period of time. There is, as Bryce has said, "a natural and instinctive opposition to submission to power which rests only on force The new sovereign will, therefore, endeavour to make his de facto claim converted into a legal right, because sovereignt established and exercised on a legal basis makes obedience spontaneous an enduring