20
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
economic and social issues on which opinions within a democratic society
may reasonably differ widely. The Court, finding it natural that the margin
of appreciation available to the legislature in implementing social and
economic policies should be a wide one, will respect the legislature’s
judgment as to what is "in the public interest" unless that judgment be
manifestly without reasonable foundation. In other words, although the
Court cannot substitute its own assessment for that of the national
authorities, it is bound to review the contested measures under Article 1 of
Protocol No. 1 (P1-1) and, in so doing, to make an inquiry into the facts
with reference to which the national authorities acted.
(b) Whether the aim of the contested legislation was a legitimate one, in
principle and on the facts
47. The aim of the 1967 Act, as spelt out in the 1966 White Paper, was to
right the injustice which was felt to be caused to occupying tenants by the
operation of the long leasehold system of tenure (see paragraph 18 above).
The Act was designed to reform the existing law, said to be "inequitable to
the leaseholder", and to give effect to what was described as the occupying
tenant’s "moral entitlement" to ownership of the house (ibid.).
Eliminating what are judged to be social injustices is an example of the
functions of a democratic legislature. More especially, modern societies
consider housing of the population to be a prime social need, the regulation
of which cannot entirely be left to the play of market forces. The margin of
appreciation is wide enough to cover legislation aimed at securing greater
social justice in the sphere of people’s homes, even where such legislation
interferes with existing contractual relations between private parties and
confers no direct benefit on the State or the community at large. In
principle, therefore, the aim pursued by the leasehold reform legislation is a
legitimate one.
48. The applicants suggested that the 1967 Act was not enacted for
purposes of public benefit but was in reality motivated by purely political
considerations as a vote-seeking measure by the Labour Government then in
office.
The Court notes, however, that leasehold reform in England and Wales
had been a matter of public concern for almost a century and that, when the
1967 Act was passed, enfranchisement was accepted as a principle by all the
major political parties, although they expressed different views as to how it
should be implemented (see paragraphs 15 to 19 above). It was not disputed
by the applicants that the main criticisms now made by them of the
substantive provisions of the legislation were voiced at the time and fully
debated in Parliament before being rejected (see paragraph 19 above). The
Court does not find that such political considerations as may have
influenced the legislative process, socio-economic legislation being bound
to reflect political attitudes to a greater or lesser degree, precluded the