a critical evaluation on the concept of justice in planning process

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Grand total of the actions directly related to development plans, like actions about development plans and plan changes, are 49. Through this total, 25 actions were proceeded in Municipality of Balçova and Municipality of Narlıdere. 9. Actions of Objection to Development Penalty Through 31 actions of objection to development penalties; 29 actions were brought against Municipality of Narlıdere and 2 actions were brought against Municipality of Balçova. These actions include penalties regarding price lists that work- sites have to obey, being appropriate with health conditions and the inspections that municipalities have to do in urban space according to the Act of Municipalities No.1580. 10. Others Through 19 actions existing in others group; 15 actions were proceeded in Municipality of Narlıdere and 4 actions were proceeded in Municipality of Balçova. Actions in this group includes subjects like; mesne profits, objections to payment for road construction, approval of electricity project, payment of traffic accident expenses caused because related municipality did not take any precaution. 11. License There are 18 actions of objection to refusal of demands for building license and work-site operation license. In Municipality of Balçova number of regarding actions is 11 and in Municipality of Narlıdere there are 6 actions. 124
12. Narkent Includes the actions brought against the implementations realized in the extent of Urban Renewal Plans with the goal of slum reclamations realized by Municipality of Narlıdere. All of 11 actions were proceeded against Municipality of Narlıdere. 13. Actions of Compensation There are 10 actions of compensation. 7 of them were proceeded in Balçova and 3 of them were proceeded in Narlıdere. These are the actions of compensation for damages proceeded because of involuntary manslaughter because of not taking any precautions during the demolitions realized by the regarding municipality. 14. Actions about Ownership All of these actions exist in Municipality of Balçova and total number of actions is 8. 4 actions were proceeded with the demand of annulment of development plans and transmission of ownership in Universiade Houses (Olympiad Village). Although these actions were brought by private persons in 2003, disputes caused by actions depend on the procedures realized by Municipality of Balçova in 1970’s. Other 4 actions are the ones proceeded because of transmission of municipal lots between Balçova and Konak municipalities. 15. Determination Actions These actions include the determinations made on properties. There are three actions in Narlıdere and three actions in Balçova municipalities with a total number of actions six. 16. Dismissal of Intervention Six actions in total, about dismissal of controversy including the objection to the official letter regarding the demolition decision for expanding the road after Subdivision Plan No.62, were brought against Municipality of Balçova. After revocation of the procedure done by Municipality of Balçova, authorized court decided the action as revocatory. 125
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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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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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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 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: About Subdivision Plans Proceeded i
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
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: purposes, which is the demand of th
Page 185 and 186: 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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