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In United States law, a ministerial act is a government action "performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment." [1] It can be any act a functionary or bureaucrat performs in a prescribed manner, without exercising any individual judgment or discretion. [2]
Qualified immunity only applies to acts that are "discretionary" rather than ministerial. [17] Courts specifically distinguish discretionary acts from ministerial acts. [21] A discretionary act requires an official to determine "whether an act should be done or a course pursued" and to determine the best means of achieving the chosen objective ...
where a discretionary administrative decision engages the protections enumerated in the Charter — both the Charter’s guarantees and the foundational values they reflect — the discretionary decision-maker is required to proportionately balance the Charter protections to ensure that they are limited no more than is necessary given the ...
Mandamus being a discretionary remedy, the application for it must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must satisfy the Court that they have the legal right to the performance of the legal duty as distinct from mere discretion of authority. [4]
Discretionary tasks are ones the president can choose to do or not to do, while ministerial tasks are ones required by his office: those whose failure to perform could leave him in violation of the Constitution. The court ruled that by enforcing Reconstruction, Johnson was acting in an "executive and political" capacity—a discretionary rather ...
The lawsuit asks a court to “clarify” that Adams’ duties to certify the election “are, in fact, discretionary” and not required by law. Adams’ lawsuit argues a portion of Georgia law ...
Discretionary spending is non-essential spending that isn't mandatory for your basic needs like shelter, food, healthcare, work and personal care. Many expenses are essential, but discretionary...
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law.It is regarded as a form of illegality.An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body.