R v Somerset County Council, ex parte Fewings
[1995] 1 All ER 513
Ratio Decidendi
Public bodies can only do what they are lawfully authorised to do. Unlike private individuals, they have no general freedom of action — they must point to a specific power authorising their actions.
Fapte
Somerset County Council passed a resolution to ban deer hunting on council-owned land, primarily on ethical grounds.
Rezumatul hotărârii
The Court of Appeal held the ban was unlawful. The council had failed to properly consider the statutory purpose of the land and could not exercise its powers based on the personal moral views of its members rather than the statutory purpose.
Citate cheie
"A public body has no heritage of legal rights which it enjoys for its own sake; at every turn, all of its dealings constitute the fulfilment of duties which it owes to others."
— Laws LJ
Tratament ulterior
Important authority distinguishing the legal position of public bodies from private individuals.