a critical evaluation on the concept of justice in planning process

content “rule of law” is described as a state protecting liberty through law (Sancar,
2000a, 35).
According to Sancar, “rule of law” depending on the base of “negative liberty”
gives opportunity for capitalist production development dynamics. In the center of the
idea and model of liberal rule of law, which developed starting with mid-17 th century
and continued developing through 18 th century, rights of ownership, agreement and
working liberty and principle of formal-legal equality take place. This system, in order
to be able to realize the political and legal equality also keeps the non-economic side of
individualistic development. A conceptual-historical study of “rule of law” should take
“bourgeois” “rule of law” as the starting point. Concept of “rule of law” came out as
creation and requirement of a liberal bourgeois (Sancar, 2000a,).
According to Özlem “democratic rule of law” is a type of state developed after
Enlightenment Era. He discusses “democratic rule of law” as a sub-title of “rule of
law”; he takes note to the main differentiations between “liberal rule of law” and “social
rule of law”. Even though their starting point is liberty and equality principles; first
gives accent to liberty, and the second to the equality. Properties of today’s democratic
rule of law and even further “liberal democratic rule of law” are; liberty of selection and
election, liberty of testimony and organizing, legal equality, independency of courts,
separation of legislative, judicial and executive powers (separation of powers), physical
and psychological immunity of individuals, existence of developing and realizing
conditions of people in spite of income varieties, acceptance of varieties rules of
plurality (Özlem, 1999, 88-93).
Özlem, mentions that the main aims of the state and laws in social state are to
establish a balance between the rights and liberties and eliminate all the negativenesses
of “state of law”. Concept of “social state” emerged as the result of reaction to the
inequalities caused by capitalist development. In this sense, social state is thought as a
state aiming to minimize the inequalities among classes, and also trying every citizen to
benefit from social and cultural opportunities. This type of state discretes from the
concept of “laissez fair, laissez alle” of economic liberalism and has a property of
interfering the economy in order to protect the poor classes and groups. Aim of social
state is to distribute the social wealth and services equally, in order to prevent extreme
inequalities in income and ownership. Social state reduces the arguments and contrasts
between social classes and groups by performing this function. In social state because of
priority of equality, positive liberties also come into agenda as balancing components
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