a critical evaluation on the concept of justice in planning process

establishing a social balance and gives this duty to the state. However, results of
decisions at Constitutional level that nationalization as well as “privatization” can be
realized for public benefit (article 47). Processes of “privatization of public properties”
and “expropriation of private properties” create a tension and conflict in the idea of the
state in providing the equality by being “a social state governed by law”. As the result
of these conflicts it is seen that as the sum of individual interests social interest is
accepted in economic developments that grow within the liberal atmosphere and within
free market mechanism. So, economic and social rights defined by the Constitution
cannot be reflected on practices and the concepts of rights, freedoms practically
continue to be abstract concepts.
3.5.2. Influences on Cities and Urban Planning Discipline
Process mentioned above, inevitably influential and determinative on the cities
and urban planning in Turkish practices. It is known that urbanization followed a very
rapid line since 1960’s and gecekondu formation process became an unchangeable
property of urbanization in parallel with urban population increase. Besides these,
housing shortage, insufficient infrastructure systems, degeneration of environment,
transportation problems, aesthetic pollution in settlements which are indicators of
unhealthy urbanization are among the problems which come out in parallel with this
increase. In spite of all these developments, within the content of the Constitution, there
is no direct expression about interventions on urban land, administration of urban land
and on urban rights except the definitions which take place under the titles which are
right to live in a healthy environment, settlement freedom and expropriation. It is
possible to reach to the same conclusion in the legal arrangements and practices in sub-
levels. If the limitation levels of practices about housing right are evaluated, it is seen
that this right is acknowledged before the laws but never as realized. As mentioned in
previous chapters, authorized administrative and application units also accept the
insufficiency in providing the housing rights and mention this fact in their own studies
and reports also.
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