A ministerial act is a procedural or administrative action taken by an executive department or agency to carry out the law or to process a legal document. It is an act that involves no discretion or judgment and is performed in a regular, prescribed manner.
The purpose of a ministerial act is to ensure that a duty is fulfilled in a predetermined way with no significant input from any individual, as it does not involve any decision-making authority. For example, in the process of granting a visa, a ministerial act might be the stamping of the visa onto the passport.
Examples of Ministerial Acts
When discussing ministerial acts, examples of governmental actions are often used. Some examples of ministerial acts could include issuing a driver’s license, processing a visa application, collecting taxes, and issuing a passport.
In most cases, a ministerial act requires only factual and mechanical information to be provided in order to complete the task. This can include address information, financial records, or other simple details.
When Does a Ministerial Act Become a Discretionary Act?
Generally, when there is any kind of discretion required, such as when an individual must use their judgment or expertise to make a decision about how to proceed, then this can no longer be considered a ministerial undertaking. For example, in the process of granting a visa, a question requiring an opinion such as “Do you intend to remain in the country?” could not be considered a ministerial act.
In this case, the government agency would need to use its discretion to determine whether to grant the visa, and thus this would not classify as a ministerial act.
Conclusion
A ministerial act is an administrative task performed in which the individual has no discretionary power or authority, meaning it involves no decision-making. The purpose of the act is to fulfill a duty in a predetermined way without significant input from any individual, and requires only factual and mechanical information. Understanding the concept of a ministerial act is important for those working in the legal and business settings, as it is a common legal concept that applies to many situations.