a critical evaluation on the concept of justice in planning process

against laws or public management principles who use public power in certain decision,
procedure and activities. Highest authority in this system is Supreme Court of
Administration which is also named as Council of State. Administrative Courts,
Regional Administrative Courts and Courts of Tax are the local courts (first degree
courts) established in city basis (Aybay&Aybay, 2003,219-253).
Actions, which are caused by disputes in private law field, are named as
“lawsuits”. In these kind of actions, in “juridical judgement”, courts with a general
name of “civil courts” have been authorized by laws. According to this differentiation;
procedures, applications, objections against the rules and decisions of Narlıdere-
Balçova municipalities as local administration organ of state using public power and
zmir No.1 Committee of Protection of Cultural and Natural Heritage exist in
administrative judgement’s field. Number of actions proceeded in administrative
judgement process in Balçova is 565, in Narlıdere 257 and total number of
administrative actions are 822. On the other hand, although judicial actions represent
the disputes between private persons, because of the subjects of actions are the
objections to the procedures done by public power in public space, actions have the
characteristic of being semi-public where municipalities are the parties in juridical
judgement process. In spite of making such a differentiation in legal system, acceptance
of the actions regarding planning process and space only as administrative actions and
examination of actions that are proceeded in administrative courts will be insufficient
for a comprehensive analysis. Thus, an <strong>evaluation</strong> based on that differentiation will also
be insufficient. 66 In order to evaluate juridical judgement process and determination of
the process as a whole, juridical/administrative actions have been discussed in total and
proceeded actions have been evaluated according to their subjects and contents.
66 As an example for this subject, Articles No.32 and No.42 of the Development Act No.3194 can be
discussed. Administrative Courts are authorized for the proceedings regarding the buildings without
license and conflicts regarding objections to demolition decisions for the buildings constructed against
building license and annexes. Objection authorities for the development penalties fined for the same
buildings are Juridical Judgement and Criminal Courts of Peace. Although contents of the procedures are
the same, processes that they depend in judicial process are different.
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