a critical evaluation on the concept of justice in planning process

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These five articles (from article 43 to 47) mentioned above under Public Interest title determine the macro economic policies of the state and also produce decisions about the utilization of natural and environmental resources. In this context, these articles accepted as top data for planning discipline do not only determine the duties of the state but also indicate to the economic rights of individuals. Another topic taking place under Social and Economic Rights and Duties is article 56 “health services and conservation of the environment” under the topic “health, the environment and housing”. This article states that “everyone has the right to live in a healthy, balanced environment”. In the utilization of this right improving the environment, protecting environmental health and preventing environmental pollution, are described as the duties of the state and citizens. In this article about the improvement of health conditions of individuals these points are stated: “To ensure that everyone leads their lives in conditions of physical and mental health and to secure cooperation in terms of human and material resources through economy and increased productivity, the state shall regulate central planning and functioning of the health services”(WEB-3,WEB-4, WEB-5). In this article of the Constitution, the right to live in a healthy and well balanced environment and the physical and psychological health conditions are considered as a whole. “Right to housing” is described in article 57: “The state shall take measures to meet the need for housing within the framework of a plan which takes into account the characteristics of cities and environmental conditions and supports community housing projects”. This article gives state two main duties such as taking precautions in meeting the requirements of housing and secondly supporting community housing projects (Kabo lu, 1996,70). In the realization tools is planning considering the properties of cities and environmental conditions. Laws about this subject are Development Law No.3194, Mass Housing Law, Gecekondu (squatter settlement) Law. “Conservation of Historical, Cultural and Natural Wealth” is explained in article 63. It is stated in this article that “The state shall ensure the conservation of the historical, cultural and natural assets and wealth, and shall take supportive and promotive measures towards that end. Any limitations to be imposed on such privately owned assets and wealth and the compensation and exemptions to be accorded to the owners of such, as a result of these limitations, shall be regulated by law”(WEB-5). Related with this article legal 60
egulations are done with Conservation of Cultural and Natural Heritages Law No.2863 accepted in 1983 39 . “The extent of Social and Economic Duties of the State” takes place in article 65 (Amended on October 3, 2001-4709/22). This article states that “The State shall fulfil its duties as laid down in the Constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties”(WEB-5). 4. Chapter-“Obligation to Pay Taxes” is regulated under the topic of Political Rights and Duties, and with article 73. It is stated that “Everyone is under obligation to pay taxes according to his financial resources, in order to meet public expenditure…An equitable and balanced distribution of the tax burden is the social objective of fiscal policy”(WEB-5, WEB-4). One of tax payment regulations is Real Estate Law No.1319 accepted in 1970. In the III. Part of the Constitution legislative executive and judicial organs, articles about the formation, authority, duties and responsibilities of these organs take place under the topic “Fundamental Organs of Republic”. The regulations about the formation of “central administration” is discussed in article 126 under the topic of “organization of the administration” in executive chapter. It is determined that central administration structure is divided into provinces on the basis of geographical situation and economic conditions, and public service requirements, provinces are further divided into lower levels of administrative districts. The administration of the provinces is based on the principle of devolution of wider powers. In order to ensure efficiency and coordination among public services it is decided that a central administrative structure may be organized containing more than one province when necessary, and the duties and authorities of this structure would be regulated by law. Local administrations article 127. “(As amended on July 23, 1995) Local administrative bodies are public corporate entities established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose decision- making organs are elected by the electorate as described in law, and whose principles of structure are also determined by law. 39 Law no 2863 and the new conservation of cultural and natural resources law no 5226 which went into effect on July 27, 2004 are not taken into consideration. 61
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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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 and 52: Second Stage Rights and Liberties;
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: Land ownership and its utilization
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
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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
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Table 4.5. All Administrative and J
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119 119
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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
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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
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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
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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
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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