16
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
(vi) provided no machinery whereby the applicants can challenge either
the validity of or the justification for the deprivation, or the principles upon
which the compensation is to be calculated, once only it is established that
the tenancy is within the ambit of the Act;
(vii) made arbitrary distinctions between the properties of which they can
be deprived, and those of which they cannot.
A. General considerations
35. The applicants maintained that since their grievance concerned in
substance the effect of the legislation on the ownership of specific
properties formerly belonging to them, each individual act of
enfranchisement before the Court should be examined on its merits for
compliance with Article 1 (P1-1).
In its report, the Commission rejected this approach. It noted that the
particular matters of which the applicants complained resulted from
transactions between private individuals for which the United Kingdom was
responsible qua legislator but not otherwise. For the Commission, although
account must be taken of the practical effects of the legislation, the essential
issue for decision is whether the respondent State has breached the
applicants’ rights under the Convention by empowering tenants to acquire
their property on the terms and conditions laid down in the legislation; and
this issue has to be determined by considering whether the legislation is
compatible with the Convention rather than by separate scrutiny of the
individual transactions.
The Government adopted the same approach as the Commission.
36. The Court has frequently stated the principle that, without losing
sight of the general context of the case, it must, in proceedings originating
in an individual application, confine its attention, as far as possible, to the
concrete case (see, as the most recent authority, the Ashingdane judgment of
28 May 1985, Series A no. 93, p. 25, para. 59).
In the present case, however, the essence of the applicants’ complaint is
directed against the terms and conditions of the contested legislation. It does
not relate to the manner of execution of the law by a State authority, be it
administrative or judicial. Indeed, one of the applicants’ criticisms was that
the legislation does not allow scope for discretionary and variable
implementation according to the particular circumstances of each individual
property. The Court must therefore, like the Commission, direct its attention
primarily to the contested legislation itself, in order to determine whether
that legislation is compatible with Article 1 of Protocol No. 1 (P1-1).
This does not mean that the Court will examine the legislation in
abstracto. The individual enfranchisements complained of are illustrative of
the impact in practice of the reform it introduced and, as such, material to
the issue of its compatibility with the Convention. In this respect, the