JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
35
(ibid., p. 31, para. 87). In the present case in contrast, in so far as the
applicants may have considered that there was cause for alleging noncompliance with the leasehold reform legislation, they had unimpeded
access to a tribunal competent to determine any such issue (see paragraphs
24 and 25 above).
82. There has accordingly been no breach of Article 6 para. 1 (art. 6-1) of
the Convention in the present case.
IV. ARTICLE 13 (art. 13) OF THE CONVENTION
83. The applicants also alleged breach of Article 13 (art. 13) of the
Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity."
84. Article 13 (art. 13) requires that "where an individual has an arguable
claim to be the victim of a violation of the rights set forth in the Convention,
he should have a remedy before a national authority in order both to have
his claim decided and, if appropriate, to obtain redress" (see the Silver and
Others judgment of 25 March 1983, Series A no. 61, p. 42, para. 113).
However, "neither Article 13 (art. 13) nor the Convention in general lays
down for the Contracting States any given manner for ensuring within their
internal law the effective implementation of any of the provisions of the
Convention" (see the Swedish Engine Drivers’ Union judgment of 6
February 1967, Series A no. 20, p. 18, para. 50). Although there is thus no
obligation to incorporate the Convention into domestic law, by virtue of
Article 1 (art. 1) of the Convention the substance of the rights and freedoms
set forth must be secured under the domestic legal order, in some form or
another, to everyone within the jurisdiction of the Contracting States (see
the Ireland v. the United Kingdom judgment of 18 January 1978, Series A
no. 25, p. 91, para. 239). Subject to the qualification explained in the
following paragraph, Article 13 (art. 13) guarantees the availability within
the national legal order of an effective remedy to enforce the Convention
rights and freedoms in whatever form they may happen to be secured.
85. The Convention is not part of the domestic law of the United
Kingdom, nor does there exist any constitutional procedure permitting the
validity of laws to be challenged for non-observance of fundamental rights.
There thus was, and could be, no domestic remedy in respect of the
applicants’ complaint that the leasehold reform legislation itself does not
measure up to the standards of the Convention and its Protocols. The Court,
however, concurs with the Commission that Article 13 (art. 13) does not go
so far as to guarantee a remedy allowing a Contracting State’s laws as such
to be challenged before a national authority on the ground of being contrary