a critical evaluation on the concept of justice in planning process

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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. 112
4.2.1. General Evaluation of the Actions Proceeded Regarding Planning and Space In order to determine the actions regarding planning and space through all actions, Table: 4.4. “All Administrative and Juridical Actions Proceeded In Balçova and Narlıdere Municipalities According to “Spatial” and “Others” Categories (1992- 2003)” has been formed. Actions reflected on administrative and juridical judgement control have been grouped in two parts. Categorizations in “others” and “spatial” titles have been formed considering their relationships with planning and space. In this categorization, subjects of actions are considered if they have or not a transaction, intervention or decision regarding space and if this intervention affects or not persons and other public institutions in spatial basis. Thus, in both “spatial” and “others” categories there are common titles. For instance, in the differentiation under “credits” and “title-deed” titles, if it concerns an intervention of regulation on space it is included in “spatial” category and if it concerns procedures regarding municipal personnel, municipal properties or operations of municipal organization then it is included in “others” category. In this categorization, subjects under “others” title are as follows: Credits (actions of debts caused by commercial procedures realized with persons and institutions except interventions on space); Personnel (actions of compensations (monetary and staff) caused by identity rights of municipal staff); License (actions regarding properties under ownership of municipality); Compensation (actions of compensation caused by commercial transactions between municipal organization and companies); Title-deed (land registers regarding properties of the municipality); Determination (determination of tenancy on properties of municipality); Evacuation (evacuation of the tenants from municipality’s property); Others (dissolution of attachment, declaration of property, monthly pays of ghazis). General subjects of actions examined under “spatial” title are as follows: Restitution of expropriated Area, Demand of Increase in Expropriation Value, Dismissal of Intervention, Partition Action, Evacuation, Title-deed, Ownership, Credits, Administrative Penalty, Easement, Narkent, Compensation, Development Penalty, Development Plans, Subdivision Plans, Annulments of Plan Change Decision, Demand of License and Annulment of License, Objection to Demolition Decision, 113
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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
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
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I. Part-In General Principles chapt
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Land ownership and its utilization
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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
Page 105 and 106: establishing a social balance and g
Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109 and 110: 3.5.2.3. Individual, Social and Pub
Page 111 and 112: In the legal transformations which
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: Table 4. 3. All Administrative and
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”
Page 161 and 162: Table 4. 42. Distribution of Demoli
Page 163 and 164: children’s playgrounds, green zon
Page 165 and 166: shown as a work site in the impleme
Page 167 and 168: court decision will be in favor of
Page 169 and 170: 7. Objection against the rejection
Page 171 and 172: Municipality has repealed its plans
Page 173 and 174: 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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