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Putting brakes on Ken
• IT is not outrageous for Porsche to challenge Ken Livingstone’s proposed emission charge, as suggested by your correspondent Matthew McGregor (Porsche outrage, February 28).
The decisions of those in positions of public authority, even elected politicians such as Mr Livingstone, can be judicially reviewed at the instance of any person or other legal entity (including Porsche), on the grounds that the person making the decision had no power to do so (ultra vires), the decision was one that could not reasonably be made (The Wednesbury Rule, named after the case that created it), or was not fully informed. There may be a case that the proposed massive charge for certain vehicles within the “private, light goods” class is wholly disproportionate, and the decision to impose it not rational. In any event, Mr Livingstone is extremely selective when it comes to adopting the wishes of Londoners. When the western extension to the congestion charging zone was proposed, the residents and businesses that would be brought into the zone voted against it, and the local authorities affected did not want it; this did not prevent the mayor imposing it nonetheless.
IAIN MACMASTER
Belgrave Gardens, NW8 |
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