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The decision on a new supermarket must not be based on prejudice
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From Alan Anderson.
SENATOR Freddie Cohen’s declared intention (JEP, 3 April) to block any proposed supermarket outside town is a nice political gesture but one which may have to withstand judicial review.
Where ministerial discretion has been fettered in advance by the application of inflexible policy as if it were primary legislation, then it may be tainted with illegality.
There is, too, the question of bias. The minister is the only person who can make the decision and the court might hold that a decision should not be made by a person who holds such strong views – views which may cause him to reach a decision founded on prejudice.
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