a critical evaluation on the concept of justice in planning process

I. Part-In General Principles chapter, articles about the form of the state, properties of
republic, integrity of the state, unchangeable judgements, aims and duties of the state,
sovereignty, authorities of legislation-execution-jurisdiction, equality before laws and
conjunction of the Constitution take place.
In this context, it is determined that Republic of Turkey is “a secular, democratic
social state governed by the rule that is respectful to human rights and has an
understanding to provide peace for the society and with a national solidarity and a
justice” (article 2). Main aims and duties of the state is described as “... protecting the
republic and democracy, providing the welfare, peace and happiness of people and the
society; trying to take off the political economic and social obstacles limiting the basic
rights and liberties of people without incompatibility with the social rule of law and
justice principles and trying to prepare the necessary conditions for the development of
existence of people”.
In the state of Turkish Republic where “sovereignty is vested fully and
unconditionally in the nation” (article 6), according to separation of powers the
legislation authority is given to Turkish Grand National Assembly (article 7); executive
power and function is given to the President of the Republic and the Council of
Ministers (article 8); judicial power to the independent courts on behalf of the Turkish
Nation (article 9).
In article 10 which explains equality before law it is told that “all individuals are
equal, without any discrimination before law, irrespective of language, race, color, sex,
political opinion, philosophical belief, religion and seet or any such considerations”.
With the last article of this part, it is decided that “the provisions of the Constitution are
fundamental legal rules binding upon legislative, executive and judicial organs and
administrative authorities and other institutions and individuals and laws shall not be in
conflict with the Constitution” (article 11).
As mentioned in article 5 which defines the main aims and duties of the social
state are “striving for the removal of political, social and economic obstacles which
restrict the fundamental rights and freedoms of the individuals and provide the
conditions required for the development of the individual’s material and spiritual
existence”. As can be understood from this Constitution defines the state as a formation
in responsible of individual-society-state relations and in maximization of the social
welfare. With the emphasizes in the Preamble in the individual-society-state relations
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