a critical evaluation on the concept of justice in planning process

the Constitution formed with “social state governed by rule of law” idea aims to protect
and control the individualistic rights and freedoms and also constitutes a political and
economic balance within the social structure.
II. Part forms of 4 chapters. Topics of these chapters are: 1. Basic Rights and
Freedoms; 2. Rights and Duties of Individuals; 3. Social and Economic Rights and
Duties; 4. Political Rights and Duties. In these chapters laws about settlements,
planning, public interest, rights and freedoms take place in these articles:
2. Chapter-Article 23 under the topic Rights and Duties of Individuals
determines that every person has the freedom of settlement and traveling under the topic
“residence and movement”; and article 35 determines that “ownership right” is a
right for everybody and these rights could only be limited for the public interest. In the
same article a limitation that in the usage of ownership rights it cannot be against the
social interest. By this limitation, it is determined that although ownership right is
current for every person it cannot be used against the public interest and also explained
that a limitation can be put to these rights for “public interest”.
3. Chapter is about social and economic rights and duties and the right and duty
of education and training is defined with article 42. This article explains that “no one
shall be deprived of the right of learning and education”, and the state should help
successful students who lack financial means and should take necessary measures who
need special training.
In the third chapter there are five different sub-topics. These sub-topics can be
listed as utilization of the coasts, land ownership, protection of agriculture, animal
husbandry and of persons engaged in these activities, expropriation, nationalization and
privatization.
Utilization of the coasts is organized in article 43. In this article coasts are
under the sovereignty and disposal of the state. It is stated that “sea, coasts, lake, shores
or river banks and of the coastal strip along the sea and lakes, public interest shall be
taken into consideration with priority... The width of coasts and coastal strips according
to the purpose of utilization and the conditions of utilization by individuals shall be
determined by law”. In this article of the Constitution it is considered that the utilization
of coasts will be determined by the laws also and it carries great importance for
planning discipline for plans done at these areas.
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