a critical evaluation on the concept of justice in planning process

field, acceptance of priority of freedom do not base on elimination of inequalities in the
sense of provision of equal competing rights. The subject on which legal-administrative
arrangements orients toward will be in the direction of guaranteeing the equality in free
competing conditions.
It is evident that there are acute differentiations in the organizations of interest,
equality, freedom, and rights between these two state organizations; first is social state
governed by law and the second is state of law. In the welfare state model as a practice
type of social state governed by law which came into agenda after 1940’s, freedoms are
limited for the purpose of minimizing inequalities in distribution relations and free
market conditions are arranged within this frame. Need base approach which Rawls has
arrived by taking these organization stipulations a step further can be evaluated as the
revision of welfare state practices. This type of revision carries the meaning of the
priority of equal and interest concepts against freedom and right concepts coming into
agenda. In this context, welfare state will use its priorities for the most disadvantaged
and will orient towards new organization and arrangement mechanisms. Form of the
state as a response to two liberal approaches which determine the priority of equality
and liberty will gain concreteness by the arrangements of the laws and practices
targeting the economic, social and cultural fields within the frame of these laws.
When this process is considered from the viewpoint of sample of Turkey, it can
be seen that state, in the Constitution of Turkish Republic dated 1982, is defined as:
“social state governed by the rule of law”. Within the content of this definition, it can be
concluded that the duties of taking measures and making attempts in subjects like
individualistic and social rights, freedoms and balance of interests, in order to provide
equality, are given to the state. Within this frame, legal frame organized in the
realization of the legal/political dimension of social justice formally and whatever these
practices are and how they are realized carry great importance. In this sense, it is seen
that the state is obliged to make arrangements along with its duty of providing the
equality (article 5).
Even though principle of social state governed by law is determined within the
content of the 1982 Constitution, it is clear that conflicts between the legal
arrangements about the realization of this principle and the developments in economic
field occur. Constitution in act even though draws an abstract frame because of its
properties of generalization and comprehensiveness it is also seen that it takes decisions
for the behalf of public interest, social interest, justice, equality, rights and freedoms in
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