a critical evaluation on the concept of justice in planning process

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First stage rights and liberties base on the negative definition 23 of liberty and so in public law they are called as “negative status” rights. Because outer interference aiming the liberty of individual fundamentally comes from the state (because interference of one individual to another one is a crime), first stage rights and liberties determines the life space of individuals staying outside the state interference ( aylan, 1990, 56). From the viewpoint of liberal discourse, the important point is that people are equal in front of law and in market relations. However, people are not equal in intelligence, skills and natural talents and this inequality will increase within market mechanism. These inequalities are defined as right, just and ethic and so they oppose to the idea of interfering the market ( aylan, 1990, 56-57). During the period when this approach developed, in economic field, liberties in market mechanisms were accepted as a base causing the rules of free market economy to be current. However, the point where the social inequalities reached and functioning of market mechanisms had to the criticism of Marxist approach and social groups. Marxist criticism directed to this approach bases on the idea that basic rights and liberties are rights to be lived for every person. It is emphasized that it is not ethic to indicate that a person who can benefit from all the opportunities of medical science has the same basic rights and freedoms with a person who can benefit from this opportunity at marginal level. It is not true to say that these two individuals have the right to live at the same level because of the great inequalities emerging socially and economically ( aylan, 1990, 57; Göze, 1980). These arguments bring forth a new dimension of liberty. “Positive liberties” concept and second stage rights and liberties are developed basing on this new liberty definition. This structuring that overcame the great crisis of capitalism in 1920’s is realized over the second stage rights and liberties and democracy as the result of them ( aylan, 1990, 59). 23 The negative definition of freedom (freedom from) is a person making whatever he wants or at least act as he wants without any outer limitation or intervention. The negative definition of freedom in this frame necessities the absence of outer intervention orienting the individual or at least staying at the minimum level. 38
Second Stage Rights and Liberties; Social, Economic and Cultural Rights and Liberties: It is realized in 20 th century as the result of industrial revolution; emerge of a working class and social oppositions about decreasing the social poverty. It was affective in the socialization of liberties and in the equalities with the changes and developments. Social rights being recognized by the constitutions prevalently and formation of social state, are the important characteristics of western constitutionalization after Second World War (Kabo lu, 2002, 44-45). One of the doctrine that refused liberalism and individualistic approach is Marxist socialization. According to “formal liberty” and “real liberty” of classic Marxist analysis, first are the values of liberal doctrine and are theoretical and abstract freedoms which necessity wealth and materialistic tools. These are, actually, liberties that never meet the basic requirements of individuals opposing inequalities and social exploitation. These “so-called” liberties never obtaining anything to individuals are unnecessary. Furthermore, these liberties are rather dangerous because they mask social and economic inequalities and as a result they service and form a support for these inequalities. Marxism puts “real” liberty on contrary to these liberties; liberty to have a job, reaching to suitable living condition and to get a real liberty opposing social “alienation” (Kabo lu, 2002, 445-447). Second stage rights and liberties, bases on the positive definition of liberty. Here the discussion is about putting the rights and liberties of people or individuals into a usable situation. According to the negative definition of liberty an individual can realize these wishes without facing a power/pressure other than himself. However, what about his liberty if he lacks the opportunities in realizing his wishes? According to the positive definition of liberty an individual has to have a certain standard in order to meet his requirements and it is possible to obtain it with state interventions 24 . Likewise, state intervention is necessary for individuals with inadequate economic conditions in order for them to have a right of having the same life conditions with the others who live in the same society ( aylan, 1990, 56). Second stage rights and liberties, in other words, economic and social rights and liberties need a very active and influential state intervention contrary to the first stage rights and liberties. Working, education, health, organizing, collective agreements and strikes, benefit from culture and art are among 24 This point is important for discussion of the shelter right in an urban habitat who has not any opportunity to access a house. 39
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 and 22: problems in legal process, effects
Page 23 and 24: taken in 1999 regarding the area in
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: 2.4.3. Liberties and Rights in the
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
Page 75 and 76: account; the efficient use of resou
Page 77 and 78: of law and justice and preparing th
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;
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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
Page 109 and 110:
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
Page 115 and 116:
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
Page 121 and 122:
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
Page 131 and 132:
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
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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
Page 169 and 170:
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
Page 195 and 196:
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
Page 201 and 202:
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
Page 209 and 210:
organization in making the most dis
Page 211 and 212:
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
Page 229 and 230:
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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