a critical evaluation on the concept of justice in planning process

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4.2.2. Actions According to Plaintiff Parties In order to understand in detail who has objections to arrangements reflected on judicial control, Table: 4.5. “All Administrative and Juridical Actions Proceeded In Balçova and Narlıdere Municipalities According to Plaintiffs (1192-2003)” is prepared. In this table, it is possible to see the parties of disputes. As actions examined according to plaintiff parties in Balçova and Narlıdere settlements between 1992-2003, through 1215 actions in total, 946 of them (78,11%) were proceeded by persons, 149 actions (12,26%) were proceeded by official institutions (1 of them was proceeded by person & official institution), 70 actions (5,75%) were proceeded by cambers of profession (1 of them by TMMOB Central Office of Chamber of Architects and 18 of them by zmir Chamber of Commerce), 2 actions (0,16%) were proceeded by foundations and there are 3 actions (0,25%) in “others” group. As all of the actions (1215 cases in total) are examined according to plaintiffs in county basis; in Balçova 51,2% of the plaintiffs are persons, 0,9% are cooperatives, 7,08% are official institutions, 2,55% are companies. In Narlıdere, through all actions (1215 cases) 26,91% of the plaintiffs are persons, 0,08% are cooperatives, 5,18% are official institutions and 3,2% are companies (Detailed information can be seen in Table: 4.5.). As evaluated according to plaintiffs, actions proceeded by persons with a high ratio of 78,11% (949 cases) indicate demands of individual rights. Evaluation, which will be made in detail separately in actions regarding space, will also show more meaningful results to understand this ratio in spatial subjects. 116
Table 4.5. All Administrative and Juridical Actions Proceeded In Balçova and Narlıdere Municipalities According to Plaintiffs (1992-2003) Person/Institution County Administrative Juridical Person/Institution Total % Balçova Juridical Cooperative 1 0,08 Official Institution 75 6,17 Unions 2 0,16 Person 103 8,48 Company 10 0,82 Juridical Total 191 15,72 Administrative Cooperative 10 0,82 Chamber of Profession 1 0,08 Official Institution 11 0,91 Person 519 42,72 Company 21 1,73 Unknown 3 0,25 Administrative Total 565 46,50 Balçova Total 756 62,22 Narlıdere Juridical Management of Apartment House 1 0,08 Official Institution 43 3,54 Official Institution + Person 1 0,08 Unions 2 0,16 Person 131 10,78 Company 15 1,23 Foundation 1 0,08 Juridical Total 194 15,97 Others Official Institution 4 0,33 Unions 2 0,16 Person 1 0,08 Company 1 0,08 Others Total 8 0,66 Administrative Management of Apartment House 1 0,08 zmir Chamber of Commerce 19 1,56 Cooperative 1 0,08 Official Institution 15 1,23 Unions 2 0,16 Person 195 16,05 Company 23 1,89 Foundation 1 0,08 Administrative Total 257 21,15 Narlıdere Total 459 37,78 Grand Total 1215 100,00 117
Page 1 and 2:
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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egulations are done with Conservati
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account; the efficient use of resou
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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 and 124: Table 4. 3. All Administrative and
Page 125 and 126: 4.2.1. General Evaluation of the Ac
Page 127: 115 115
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
Page 175 and 176: with the scale of 1/1000 was put in
Page 177 and 178: 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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