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James and Others

European Court of Human Rights.  21 February 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Expropriation — Public interest — Whether compulsory transfer of property from one individual to another can be in the public interest — Whether in pursuance of legitimate social objective — Residential property let on long lease — Tenant given right of enfranchisement — Landlord required to sell to tenant exercising right of enfranchisement — Price fixed by law below commercial price — United Kingdom Leasehold Reform Act 1967 and subsequent amendments — Compensation in the event of expropriation — Article 1 of Protocol No. 1 to the European Convention on Human Rights, 1950 — Whether embodying right to compensation for owners of expropriated property — Reference to general principles of international law — Whether including international law measure of compensation — Whether requiring same measure of compensation for nationals as well as non-nationals — Discrimination — Whether different treatment of nationals and non-nationals objectively justified

Human rights — Property rights — Compulsory transfer of property from one individual to another — Whether violating Article 1 of Protocol No. 1 to the European Convention on Human Rights, 1950 — Scope of right to peaceful enjoyment of possessions — Discrimination — Article 14 of European Convention — Whether differences in treatment objectively justified — Right to a hearing — Article 6(1) — Scope — Whether including right to challenge legislation — Enforcement — Article 13 — Duty of State to provide national remedy — Whether requiring State to incorporate Convention into national law — Whether requiring State to provide procedure whereby legislation can be challenged on grounds of incompatibility with Convention

International tribunals — Procedure — European Court of Human Rights — Applicant raising question not raised before European Commission of Human Rights — Whether within jurisdiction of Court

Treaties — Interpretation — Travaux préparatoires — Use to confirm interpretation arrived at by examination of text — Human rights treaties — General techniques of interpretation — The European Court of Human Rights

Type
Case Report
Copyright
© Cambridge University Press 1987

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