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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 ...
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]
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 ...
The Court held that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. [1] [2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power.
The difference between discretionary and non-discretionary accounts is critical, but very few individual investors even know this difference exists. The biggest difference is that with a ...
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 ...
What is discretionary spending vs. mandatory spending? Mandatory spending, also called non-discretional spending, is just that – spending that is mandatory. Items in this category might include ...