a critical evaluation on the concept of justice in planning process

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1. In which subjects and by whom were the actions proceeded? How did these actions conclude in the end of the judicial process? 2. In which subjects do actions regarding planning process concentrate in judicial process? 3. What is the ratio of the actions concerning urban space and planning process through all of the actions proceeded in Administrative and Juridical Courts? 1.4.1.2. Detailed Examination: In order to make a determination regarding perception and definition of justice, a second stage study has become obligatory in addition to general <strong>evaluation</strong> stage. In this second stage, it is aimed to evaluate in detail the definitions of actors through the generalization obtained before. During the process forming the second stage of the study, each court file related to planning process are examined separately in detail according to the following topics; claims of parties on application petitions, claims of defense, expertise reports, decisions of the local court, amendment demands of appeal- decision and applications to the Ministry of Justice. In this detailed examination process following questions have to be answered: 1. How do property owners that express spatial demands, courts that evaluate these demands and experts that evaluate these demands in planning discipline define “justice” concept in their claims? 2. How do parties define equality, liberty and interest concepts in their claims? 3. How are public and private interests evaluated in conflicting demands? 4. Who are the most disadvantaged groups in <strong>evaluation</strong> of the expressions by the need originated justice definition in Rawslian perspective? After general examination stage, total number of the actions caused by conflicts, where related municipalities and zmir No.1 Committee of Protection of Cultural and Natural Heritage were the parties, has been found out as 1215 cases. 965 of these court files concerns directly with planning and urban space and detailed examinations of these files has been realized. These examined court files do not represent all of the actions proceeded in the related municipality and obtained data do not include only the actions where related mayoralty is the party. Objection actions, which were proceeded against the decisions of zmir No.1 Committee of Protection of Cultural and Natural Heritage 10
taken in 1999 regarding the area including Sahilevleri quarter inside the boundaries Narlıdere Municipality and Bahçelerarası and nciraltı quarters inside the boundaries of Balçova Municipality, have also been taken in the extent of above mentioned data. Property owners objected these decisions of zmir No.1 Committee of Protection of Cultural and Natural Heritage (Decision No.8049 for Sahilevleri quarter and Decision No.8050 for nciraltı and Bahçelerarası quarters) which were taken in 1999. Because there are actions considerably high in number and because they represent a vast scale, regarding decisions have also been included in the extent of the study. Furthermore, above mentioned general and detailed examinations have been made for these court files. Data, which have been used in explanation of examined court files, were obtained by the help of general <strong>evaluation</strong> and detailed examination results. In the end of this data collection stage; 1. Classification of subjects of actions according to their relationship with planning process, 2. Examination of case study and subjects of actions, which were selected as a result of detailed court files studies, in planning process according to justice discussions could be possible. 1.4.1.3. Spatial Analysis and Spatial Distribution of Data In order to follow the importance of the data through spatial situation, existing plans and existing development; necessary information regarding the quarters, maps, building blocks and plots have been obtained about the property that are the subjects of the action. Although obtaining these data from Technical Department of Balçova Municipality, related data couldn’t be acquired from Narlıdere Municipality. Thus, spatial distribution about spatial relationship has been realized only for Balçova Municipality. In this section, these are the questions that have to be replied: 1. In which districts spatial distributions of subjects of actions/fields of conflicts are concentrated in plot basis? 2. How is physical space formed and developed in this process? 3. Are the decisions (court decisions) applied in the end of judicial process? 11
Page 1 and 2: A CRITICAL EVALUATION ON THE CONCEP
Page 3 and 4: ACKNOWLEDGEMENTS I would like to th
Page 5 and 6: ÖZET Bu tez, Türkiye ehir planlam
Page 7 and 8: 2.3.2.The Attained Principles and R
Page 9 and 10: 4.3.3.Objections to Demolition Deci
Page 11 and 12: LIST OF TABLES Table Page Table 2.1
Page 13 and 14: 1.1. Aim of the Study CHAPTER 1 INT
Page 15 and 16: urban space. The considered aspects
Page 17 and 18: e revealed and defended. The practi
Page 19 and 20: questions, of which the answers are
Page 21: problems in legal process, effects
Page 25 and 26: c. Municipalities of Balçova and N
Page 27 and 28: CHAPTER 2 THE FRAMEWORK OF JUSTICE
Page 29 and 30: concepts is the society’s structu
Page 31 and 32: c. how the procedures are explained
Page 33 and 34: society rather than the individual.
Page 35 and 36: economy approaches encounter. As a
Page 37 and 38: 25 Table 2. 1. The Main Emphasize o
Page 39 and 40: equal citizenship are taken as sett
Page 41 and 42: 2.3.2. The Attained Principles and
Page 43 and 44: 2. that the liberties shall be rest
Page 45 and 46: y Rousseau, Locke and Hobbes. Forma
Page 47 and 48: content “rule of law” is descri
Page 49 and 50: 2.4.3. Liberties and Rights in the
Page 51 and 52: Second Stage Rights and Liberties;
Page 53 and 54: sources new arrangements in economi
Page 55 and 56: ack to the limited contents of mini
Page 57 and 58: 2.5. Spatial Considerations Based o
Page 59 and 60: specific in its redistributive aims
Page 61 and 62: giving the heterogenous urban visio
Page 63 and 64: In this approach that is based on a
Page 65 and 66: social and economic rights and in t
Page 67 and 68: the state on public space and the c
Page 69 and 70: I. Part-In General Principles chapt
Page 71 and 72: Land ownership and its utilization
Page 73 and 74:
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
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
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public services are among the other
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Turkey. Individualistic rights and
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a notice hang at the building and o
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and give them the statue of being l
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important points. First one is shri
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applications. Articles 15 and 16 of
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gecekondu in this law is made as;
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prior subjects in the organizations
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establishing a social balance and g
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3.5.2.2. Limitation of Ownership Ri
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3.5.2.3. Individual, Social and Pub
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In the legal transformations which
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Narlıdere realized in 1992. By thi
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Although not making any decisions o
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Figure 4.1.A. Detail from Balçova
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107 Derived from the data Planning
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4.2. General Evaluation of Actions
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Table 4. 3. All Administrative and
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4.2.1. General Evaluation of the Ac
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115 115
Page 129 and 130:
Table 4.5. All Administrative and J
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119 119
Page 133 and 134:
121 Table: 4.8. Administrative and
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About Subdivision Plans Proceeded i
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12. Narkent Includes the actions br
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Table 4. 9. Administrative and Juri
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Chamber of Architects) and 1 action
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4.3.1. Actions about Expropriation
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decision of zmir-Çe me Highway and
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In the claim of Municipality of Bal
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monetary/moral difficulties and los
Page 151 and 152:
Table 4. 11. Actions of Nullity Pro
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which are defined in legal process,
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accepted the explanation of “havi
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Plans scaled 1/5000 that include Ma
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4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
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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. (
Page 213 and 214:
Kele , R. (1994) Yerinden Yönetim
Page 215 and 216:
Articles and Papers: Akkar, M. (199
Page 217 and 218:
Türkçe Sözlük (1974) TDK Yayın
Page 219 and 220:
Lai, C.&Wai, L. (2002) Libertarians
Page 221 and 222:
Sivil taatsizlik (1998), Disiplinle
Page 223 and 224:
APPENDIX A The Extent of Subject Cl
Page 225 and 226:
Personnel Actions for annulment of
Page 227 and 228:
APPENDIX B Examination of Actions B
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demolition decisions are under the
Page 231 and 232:
Explanation of Terms Used in Thesis
Page 233 and 234:
APPENDIX E All Collected Data Inclu
Page 235 and 236:
Conference Papers and Seminar Prese
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