What do you mean by discretionary power?

What do you mean by discretionary power?

The term “discretionary power” means a power which leaves an administrative authority some degree of latitude as regards the decision to be taken, enabling it to choose from among several legally admissible decisions the one which it finds to be the most appropriate.

What is a ministerial power?

the name that is given to the powers of a trustee or a minister that are detailed and leave nothing to discretion.

What is administrative power?

Administrative power is the power to administer or enforce a law. Administrative powers can be executive, legislative, or judicial in nature. Administrative power intends to carry the laws into effect, practical application of laws and execution of the principles prescribed by the lawmaker.

What are administrative authorities?

Related Definitions Administrative authority means the elected or appointed official or board having jurisdiction over a function or activity.

What is discretionary power examples?

For example, if a certain situation is described as very dangerous to public order or not so dangerous, the police may take a decision on smaller or greater restriction of freedom, or decide not to intervene.

Who has discretion power?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What does ministerial mean in law?

Primary tabs. A ministerial act is an act performed in a prescribed manner and in obedience to a legal authority, without regard to one’s own judgment or discretion.

What is the difference between ministerial and discretionary?

A ministerial act is one that is simple, definite and carried out according to established precedent or instructions. As the name implies, a discretionary act is one where the individual uses his or her own discretion or judgement while preforming the act or duty.

What is pure administrative power?

Ordinarily, executive power refers to the residue of governmental functions that remain after legislative and judicial functions are taken away. A quasi-legislative act consists of making rules, regulations and the like, while a purely administrative act is concerned with the treatment of a particular situation.

What is administrative authority and power?

n. permission, a right coupled with the power to do an act or order others to act. Often one person gives another authority to act, as an employer to an employee, a principal to an agent, a corporation to its officers, or governmental empowerment to perform certain functions.

What are the functions of administrative authority?

Legislative functions When any administrative authority exercises the law making power delegated to it by legislature, it is known as the rule making action of the administration or quasi legislative action. The legislative functions of the executive consist of making rules, regulations, bye-laws etc.

What is the meaning and the purpose of discretionary power?

Discretionary power means the authority, which provides an administrative agency or official with some degree of latitude in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.

When does an officer have a ministerial power?

Ministerial Powers. Where the duty of an officer is fixed and certain, the performance of such duty is ministerial [ii]. A ministerial act is performed in response to a duty imposed by law [iii]. Similarly, the ministerial act should be performed in the manner and on conditions specifically designated by law [iv].

When is an act performed by an administrative agency a ministerial act?

An act performed by an administrative agency is a ministerial act when no discretion is exercised by the agency[i]. In Commissioner of General Land Office v. Smith, 5 Tex. 471 (Tex. 1849), the court held that the distinction between a judicial and a ministerial act is whether the act involves or does not involve discretion.

How are agencies created and what are their powers?

Congress creates administrative agencies through enabling acts. In these acts, Congress must delegate authority by giving the agency some direction as to what it wants the agency to do. Agencies are usually given broad powers to investigate, set standards (promulgating regulations), and enforce those standards.

What kind of power does an administrative agency have?

Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules. They are, in effect, rule maker, prosecutor, and judge.)

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