a critical evaluation on the concept of justice in planning process

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justice are evaluated will be studied in the next chapter. This <strong>evaluation</strong> will base on the concrete reflections of abstract conceptual frame and on the dimension which conflicts on urban space have reached. 3.5.2.4. Results Orienting the Turkish Practices While planning before 1980 was defined as an important tool of the development paradigm of the state as a public activity, after 1980 the legitimate base entered into a crisis on which this public activity based on by market processes taking the place of development economy. In this period development amnesty laws, privatization laws and practices in the “shrinking” of the state are among the arrangements that affected the urban planning discipline. These developments caused a new period in planning discipline. Planning discipline entered into a new period with new economic demands loaded on the space with the effect of newly defined right, interest, freedom and equality approaches on one side and globalization period on the other. These developments create a paradox among the acceptances of disciplines of law, economy and planning and deeper yet from the view point of legitimacy of planning. This paradox; is different definitions and practices of concepts like equality, right, freedom and interest which are the components of justice in individual perception, legal decisions, economic selections and planning practices. In other words, searches for right as conflicts seen on urban land, compete their own discourses and practices on urban space by founding them on different acceptances. This process in Turkish practice shows the tension between different values of multi-dimensional definitions of concept and institutions of ownership as an economic value, as an individual right, as a response to need to shelter, as a tool in meeting the needs in public space. The multi-dimensional definition of ownership institution is; it shows the conflict between 1. Public interest and private interest; 2. Individual rights and social rights. The dimensions/results of this conflict occur within the frame of division of the city into legal and illegal building areas (gecekondu areas and gecekondu problems and illegal buildings) and urban land policies. These differentiations are also responses to the differentiations in considering the justice in urban area from different approaches, too, in Turkey. 98
In the legal transformations which form one foot of the imported substitution economy policies and modernization: a. change in the meaning of “public”, b. urban land becoming a profit tool rapidly, c. dissolution of development paradigm. This process, questions what the “public interest” on which planning discipline is founded as a public activity, means with the transformation of development policies. 99
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
Page 59 and 60: specific in its redistributive aims
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Page 63 and 64: In this approach that is based on a
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Page 67 and 68: the state on public space and the c
Page 69 and 70: I. Part-In General Principles chapt
Page 71 and 72: Land ownership and its utilization
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Page 75 and 76: account; the efficient use of resou
Page 77 and 78: of law and justice and preparing th
Page 79 and 80: eport among legal regulations enact
Page 81 and 82: financial resources of administrati
Page 83 and 84: installments starting from 150 mill
Page 85 and 86: Table 3. 3. Total Number of Househo
Page 87 and 88: Results of the studies of two impor
Page 89 and 90: public services are among the other
Page 91 and 92: Turkey. Individualistic rights and
Page 93 and 94: a notice hang at the building and o
Page 95 and 96: and give them the statue of being l
Page 97 and 98: important points. First one is shri
Page 99 and 100: applications. Articles 15 and 16 of
Page 101 and 102: gecekondu in this law is made as;
Page 103 and 104: prior subjects in the organizations
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Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109: 3.5.2.3. Individual, Social and Pub
Page 113 and 114: Narlıdere realized in 1992. By thi
Page 115 and 116: Although not making any decisions o
Page 117 and 118: Figure 4.1.A. Detail from Balçova
Page 119 and 120: 107 Derived from the data Planning
Page 121 and 122: 4.2. General Evaluation of Actions
Page 123 and 124: Table 4. 3. All Administrative and
Page 125 and 126: 4.2.1. General Evaluation of the Ac
Page 127 and 128: 115 115
Page 129 and 130: Table 4.5. All Administrative and J
Page 131 and 132: 119 119
Page 133 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
Page 137 and 138: 12. Narkent Includes the actions br
Page 139 and 140: Table 4. 9. Administrative and Juri
Page 141 and 142: Chamber of Architects) and 1 action
Page 143 and 144: 4.3.1. Actions about Expropriation
Page 145 and 146: decision of zmir-Çe me Highway and
Page 147 and 148: In the claim of Municipality of Bal
Page 149 and 150: monetary/moral difficulties and los
Page 151 and 152: Table 4. 11. Actions of Nullity Pro
Page 153 and 154: which are defined in legal process,
Page 155 and 156: accepted the explanation of “havi
Page 157 and 158: Plans scaled 1/5000 that include Ma
Page 159 and 160: 4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
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Expert Report: 1. The purpose of th
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with the scale of 1/1000 was put in
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2. As the result of the reexaminati
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effectiveness of the location of th
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located in between the Mithatpa a R
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purposes, which is the demand of th
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no: 97-98-99 on building block no.6
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lands belong to the Treasury”. On
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party because documents in court fi
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decisions that are passed on the ba
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Figure 4. 6. Spatial Distribution o
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CHAPTER 5 CONCLUSION 5.1. General C
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5.2. Results of the Transformation
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urban settlers by the urban physica
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5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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career, do not have a common defini
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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