Discretionary Powers v. Ministerial Powers Flashcards
1
Q
Differentiate between discretionary powers v. ministerial powers.
A
A discretionary duty is that which by its nature requires the exercise of judgment.
If the law imposes upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary.
A ministerial duty is one which is so clear and specific as to leave no room for the exercise of discretion in its performance.
