JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
29
For the rest, in the Court’s opinion, such other requirements as may be
included in the phrase "subject to the conditions provided for by law" were
satisfied in the circumstances of the taking of the applicants’ properties (see
paragraphs 141 - 143 of the Commission’s report and, mutatis mutandis, the
above-mentioned Malone judgment, pp. 32-33, paras. 66-68, and the
authorities cited there).
(iv) Absence of independent consideration of the reasonableness of each
proposed enfranchisement
68. The applicants contended that the operation of the leasehold reform
legislation is indiscriminate since it does not provide any machinery
whereby the landlord can seek an independent consideration, in any
particular case, of either the justification for enfranchisement or the
principles on which the compensation is to be calculated, once only it is
established that the tenancy is within the ambit of the legislation. They
pointed to evident differences between leasehold tenants of modest housing
in South Wales and the better off, middle-class tenants on their Estate in
Belgravia, who on the whole could not be classified as needy or deserving
of protection. In their submission, in order to avoid injustice for the landlord
as well as the tenant, the legislation should have provided for judicial
review going into the details and reasonableness of each proposed
enfranchisement.
Such a system may have been possible, and indeed a proposal to this
effect was made during the debates on the draft legislation (see paragraph
19 above). However, Parliament chose instead to lay down broad and
general categories within which the right of enfranchisement was to arise.
The reason for this choice, according to the Government, was to avoid the
uncertainty, litigation, expense and delay that would inevitably be caused
for both tenants and landlords under a scheme of individual examination of
each of many thousands of cases. Expropriation legislation of wide sweep,
in particular if it implements a programme of social and economic reform, is
hardly capable of doing entire justice in the diverse circumstances of the
very large number of different individuals concerned.
It is in the first place for Parliament to assess the advantages and
disadvantages involved in the various legislative alternatives available (see
paragraph 46 above). In view of the fact that the legislation was estimated to
be likely to affect 98 to 99 per cent of the one and a quarter million
dwellinghouses held on long leases in England and Wales (see paragraph 19
in fine above), the system chosen by Parliament cannot in itself be
dismissed as irrational or inappropriate.
(v) Individual transactions
69. The applicants finally submitted that even if enfranchisement is
capable in principle of being "in the public interest", the 80 individual