JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
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43. The applicants submitted that the use in the same context of different
phrases - "public interest" in the first paragraph of Article 1 (P1-1) and
"general interest" in the second paragraph - should, according to a generally
recognised principle of treaty interpretation, be assumed to indicate an
intention to refer to different concepts. They construed Article 1 (P1-1) as
granting the State more latitude to control the use of someone’s property
than to take it away from him.
In the Court’s opinion, even if there could be differences between the
concepts of "public interest" and "general interest" in Article 1 (P1-1), on
the point under consideration no fundamental distinction of the kind
contended for by the applicants can be drawn between them.
44. The applicants accepted that measures designed to ensure equitable
distribution of economic advantages, for example by way of taxation, are
licensed by Article 1 (P1-1), but, so they argued, solely by the second
paragraph and not by the first paragraph. The Court, however, sees no
cogent reason why a State should be prohibited under Article 1 (P1-1) from
implementing such a policy by resort to deprivation of property.
45. For these reasons, the Court comes to the same conclusion as the
Commission: a taking of property effected in pursuance of legitimate social,
economic or other policies may be "in the public interest", even if the
community at large has no direct use or enjoyment of the property taken.
The leasehold reform legislation is not therefore ipso facto an infringement
of Article 1 (P1-1) on this ground. Accordingly, it is necessary to inquire
whether in other respects the legislation satisfied the "public interest" test
and the remaining requirements laid down in the second sentence of Article
1 (P1-1).
3. Whether the leasehold reform legislation complied with the "public
interest" test and the remaining requirements of the deprivation rule
(a) Margin of appreciation
46. Because of their direct knowledge of their society and its needs, the
national authorities are in principle better placed than the international judge
to appreciate what is "in the public interest". Under the system of protection
established by the Convention, it is thus for the national authorities to make
the initial assessment both of the existence of a problem of public concern
warranting measures of deprivation of property and of the remedial action to
be taken (see, mutatis mutandis, the Handyside judgment of 7 December
1976, Series A no. 24, p. 22, para. 48). Here, as in other fields to which the
safeguards of the Convention extend, the national authorities accordingly
enjoy a certain margin of appreciation.
Furthermore, the notion of "public interest" is necessarily extensive. In
particular, as the Commission noted, the decision to enact laws
expropriating property will commonly involve consideration of political,