a critical evaluation on the concept of justice in planning process

From the standpoint of the outcome of this process; in other words, from the
standpoint of whether or not the judicial decisions are viable, any judgement regarding
whether or not the said decisions were ”fair and just”, can only be possible through the
<strong>evaluation</strong> of the implementation of these decisions. HENCE, as the examples such as
the light industry site, the Olympic Houses, Özdilek Tourism Center have shown us,
although the court has decided on the revocation of the administrative procedure, the
decisions cannot be implemented.
When the second approach is taken into consideration;
In an <strong>evaluation</strong> of this type developed in urban environment, it is possible to
elaborate on the existing social order and relations from a <strong>critical</strong> perspective. In such a
case, in addition to the framework of the positive law, the current status of the planning,
the legal system and the society as a whole, can also be reviewed. With this approach, it
is possible to discuss to what extent a legal-social-economic framework where the
definition of the constitutional rights, acceptance of a homogenous social structure,
equality as an abstract concept, and the lack of equal opportunities are disregarded,
is/can be effective in an urban environment. Within this framework, the urban-spatial
demands can be evaluated in a more comprehensive manner. The acceptance of the
assumption referred to above, stating that the legal justice generates “just and fair”
decisions under “just and fair” conditions, can be discussed in a new dimension, when
the demands relating to urban space, are taken up together with the processes relating to
urban space.
180