a critical evaluation on the concept of justice in planning process

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second stage rights and liberties. In public law the rights and liberties are called as “positive status rights”. Contemporary welfare state in this context is a state interfering socio-economic life in order to realize these rights and liberties ( aylan, 1990, 60). Keynesian paradigm which is the starting point of 1920’s world crisis accepts the intervention of the state to economy. This intervention could only be realized by regarding a more just and equal social order. Welfare state, found a more prevalent practice field after the Second World War with the practice of Keynesian solutions and with the efficient interventions of the state to the society and economy. Third Stage-“Collective Rights”; Environment, Development and Peace Rights; Rights and liberties that started to come to the agenda after the Second World War with the internationalization of human rights are called as “Collective Rights”. Problems that came out as the result of scientific and technical progresses are among the factors causing rise of “third stage rights and liberties”. Developments bringing forth the problem of “continuation of human kind” are nuclear technology, atom, radioactive scatters, environmental pollution and decrease of natural sources (Kabo lu, 2002, 45- 46). Starting with Second World War conscious those human rights are not only the problem of states but it belongs to the entire international society, began to be accepted. International texts began to declare the classical liberties, social rights and new rights at the same time (Kabo lu, 2002, 529). Differentiations of third stage rights from the first and second stage rights and freedoms are: peace about the problem of continuation of humankind, formation of development and environment subjects; subject of the rights being people of today and future; concept of rights’ limits going further than nation-state (Kabo lu, 2002, 534). On the basis of the appearance of environmental problems in 1970’s, three components take place; environmental problems, environmental movements towards these problems, and scientific studies realized within this concept (Turgut, 1998, 6-8). As environment right developed in legal field, this process is supported by sustainable development paradigms in economic field 25 . Discourse that in the usage of natural 25 Serious criticisms are directed toward the economic dimension of “sustainable development” paradigm by the developing countries and different sides. Discussions about exclusion of undeveloped/developing countries from the global market mechanisms and staying outside the capital accumulation stages and supporting the undevelopmental situation of the countries and forming dependent economies are on the 40
sources new arrangements in economic and political fields aiming formation of usage- protection balance is emphasized. Development of rights named as urban rights takes place within this embracement. “European Urban Charter” which carries the property of being the first international document in defining the urban rights was accepted in 1992. The European Urban Charter constitutes of 13 sub-chapters. They are listed under these themes: 1.Transport and mobility; 2.Environment and nature in towns; 3.The physical form of cities; 4.The urban architectural heritage; 5.Housing; 6.Urban security and crime prevention; 7.Disadvantaged and disabled persons in town; 8.Sports and leisure in urban areas; 9.Culture in towns; 10.Multicultural integration in towns; 11.Health in towns; 12.Citizen participation, urban management and urban planning; 13.Economic developments in cities 26 (Urban Rights; 1994; 85-114). Among the reasons of differentiation of these rights from the first and second stage human rights, its need of a common social activity and efforts of all societies in its realization take place. While the first and second stage human rights are based on an abstract society formed of atomistic individuals, urban rights on the other hand are based on individuals in contact with each other and have more concrete properties because urban people are taken as basis, in these rights (Tekeli, 1994). Subjects of third stage rights called as environment rights also, involve the future generations as well as generations of today. One of the slogans of environmental rights defenders, “common future” 27 discourse reveals this emphasize. Some of the agreements commonly known done about environmental rights till today and in global level are: 1972 Stockholm Proclamation, 1982 World Nature Obligation, 1981 Africa Human Rights Obligation and 1992 Rio Environment Development Declaration” 28 . agenda. On the contrary the arguments about the effects of environmental pollution on whole human race take place on concrete basis. These kinds of discussions were not handled in this content. 26 For <strong>evaluation</strong>s on these rights please look at: Duben, 1994; Tunçay,1994; Turgut, 1998 27 “Common future” approach is both considered in positive meaning in international texts and also criticized. Critics developed by “Whose common future” question determine that the subjects are international capitalizm and cannot be discussed independent from the developments in economic field. Arguments about this topic are spread widely within the actions and discourses against globalization. 28 International corporations and organizations gained speed by the foundation of United Nations and they are the most important steps of political stage after World War II. International Money Fund, World Bank and United Nations are the most important corporations of the era. The first international representatives of human rights agreements are Universal Declaration of Human Rights in 1948. 41
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 and 50: 2.4.3. Liberties and Rights in the
Page 51: Second Stage Rights and Liberties;
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;
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 and 136:
About Subdivision Plans Proceeded i
Page 137 and 138:
12. Narkent Includes the actions br
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,
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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
Page 187 and 188:
lands belong to the Treasury”. On
Page 189 and 190:
party because documents in court fi
Page 191 and 192:
decisions that are passed on the ba
Page 193 and 194:
Figure 4. 6. Spatial Distribution o
Page 195 and 196:
CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198:
5.2. Results of the Transformation
Page 199 and 200:
urban settlers by the urban physica
Page 201 and 202:
5.3. Results of Field Survey In the
Page 203 and 204:
also the legal and legitimacy proce
Page 205 and 206:
etween Özdilek which carries a pri
Page 207 and 208:
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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