JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
21
objective pursued by the 1967 Act from being a legitimate one "in the
public interest".
Similar reasoning applies to the applicants’ claim that the amendment
introduced by the Conservative Government in 1974, whereby a small
percentage of more valuable dwellinghouses were for the first time brought
within the scope of the legislation (see paragraphs 19 in fine and 21 (b)
above), "was born of political expediency alone".
49. The applicants further disputed the existence of any problem
justifying legislation. According to the applicants, the long leasehold system
of tenure, certainly as far as premium leases were concerned (see paragraph
12 above), did not in fact suffer from any unfairness and it could not be said
that the tenant had any "moral entitlement" to ownership of the house
merely by reason of occupying a house built, repaired or improved by
previous tenants in accordance with the contractual terms of a lease.
As stated above (at paragraph 46), the Court has jurisdiction to inquire
into the factual basis of the justification pleaded by the respondent
Government. That review, however, is limited to determining whether the
legislature’s assessment of the relevant social and economic conditions
came within the State’s margin of appreciation (ibid.). The Government
conceded that the convictions on which the 1967 Act was based were by no
means universally shared; and this is borne out by the 1962 White Paper
(see paragraph 17 above). As the Commission observed in its report, the
justice or injustice of the leasehold system and the respective "moral
entitlements" of tenants and landlords are matters of judgment on which
there is clearly room for legitimate conflict of opinions. The applicants’
views cannot be qualified as groundless. Nonetheless, there is sufficient
evidence to justify the contrary views. In a building lease the original tenant
will have built the house, in a premium lease he will have paid an initial
capital sum which typically took account of the building cost, and in both
kinds of lease the tenant will have been responsible for all running repairs
(see paragraph 12 above). This means that the long-leasehold tenant and his
predecessors will over the years have invested a considerable amount of
money in the house which is their home, whereas the landlord will normally
have made no contribution towards its maintenance subsequent to the
granting of the original lease.
The Court therefore agrees with the Commission’s conclusion : the
United Kingdom Parliament’s belief in the existence of a social injustice
was not such as could be characterised as manifestly unreasonable.
(c) Means chosen to achieve the aim
50. This, however, does not settle the issue. Not only must a measure
depriving a person of his property pursue, on the facts as well as in
principle, a legitimate aim "in the public interest", but there must also be a
reasonable relationship of proportionality between the means employed and