a critical evaluation on the concept of justice in planning process

title “Final Provisions” decisions about changing the Constitution, preamble and
headings of articles and entry into force of Constitution take place.
Headings of articles used in the <strong>evaluation</strong>s done above are not counted within
the Constitution text according to article 176 and show the connection between the
subjects and articles. The preamble defining the basic viewpoints and principles on
which the Constitution bases is included into the Constitution text according to this
article.
3.1.2. Evaluation of the Current Constitutional Frame
Constitution is determinant both on the structure of the state and on the
legislative, executive and judicial organs and so these articles play a determinant role
about the characteristics of the state on macro level. The structure of the state is
determined as “social state governed by the rule of law” within the context of
Constitution. Its property being a “social state governed by the rule of law” not only
“rule of law” means that it also undertakes the duty of intervening, organizing and
balancing the economic and social fields of social life and the fact of being a social state
becomes important, here. In other words, first stage rights and freedoms together with
second and third stage rights and freedoms are among the authorities, duties and
responsibilities of the state. In the Constitution of Turkish Republic as a “social state
governed by the rule of law” the personal rights and freedoms, the economic and social
rights and freedoms of individuals are defined, too.
Within the scope of 1982 dated Constitution of Turkish Republic studied above,
if rights and freedoms among individuals, society and state and articles about the urban
planning discipline conjunctive on interest and equality are evaluated as a whole these
determinations can be made:
State form and duties: The form of the state is “the social state governed by the rule of
law” and the state has to accomplish its duties in social and economic fields determined
by the Constitutions (article 2). Among the main aims and duties of the State of Turkish
Republic “providing the welfare, peace and happiness of individuals and society, trying
to dismiss the political, economic and social obstacles limiting the basic rights and
freedoms of people not connecting with the principles of social state governed by rule
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