a critical evaluation on the concept of justice in planning process

More documents

Recommendations

Info

privatization. On the other hand, in the article 35 it is stated that ownership right among the rights and freedoms of persons may be limited for the public interest, too. Development approach: The state has the duty of preparing the Development Plans which have the properties of being a conjunctive documentary in realizing the organization of economic facilities and developmental enterprises. The aim of these plans is described as: planning the economic, social and cultural development in balanced and congenial way in sectoral levels. The aims of the plans are: regarding the social interest and requirements in the enterprises; and efficient usage of the resources. These plans are the highest step of planning categorization and are the conjunctive documentaries of planning hierarchy with a property of a preliminary stipulation in determining the land use types, laborship of the whole population and facility requirements from the scale of Environmental Plans to application development plans in urban planning discipline. 3.2. Laws, Institutional Regulation and Interventions Defining Urban Planning Activities in Turkey Legal and administrative frames take place at the beginning of the intervention tools of the state in the realization of rights, interests and freedoms defined by the Constitution. In this context determination of intervention tools would only be realized through the Constitution which is also an intervention tool itself and through the legal and institutional regulations determined within the frame of Constitution. Therefore what the practices of urban planning activities can only be understood through the legal, administrative regulations and how they are formed and reflected on the practices, as well as through the constitutional frame. In other words, understanding the legal and institutional regulations supporting the plans and planned development in cities will also make it easier to understand the dimensions of formal justice in urban area. When laws and institutions about urban land are studied for such an <strong>evaluation</strong> it can be seen that both the legal regulations and the organizations formed basing on these laws are numerous and their duty distribution is very complex. A very detailed <strong>evaluation</strong> take place in “Report about the revision of Development plan no 3194 and its relevant regulations”, prepared by Ministry of Public Works and Settlements in 1998. In this 66
eport among legal regulations enacted in 1998 and the institutions formed by these regulations the ones about planning were collected. Between the years 1998-2004 new laws were added to these legal and institutional regulations basing on national, regional and local levels and a few is on the list to be enacted. Starting with 1998 arguments about the constitution of a new ministry Urbanization and Housing Ministry were made but no development occurred till today. Likewise instead of works about defining integral administrative processes about urbanization increasing complications are seeing with the legal changes everyday. In the project formed at the end of meetings on “Development and Urbanization Law Project” which is organized for forming policies about integral planning and urban policies by the same ministry, no improvement can be seen 40 . In this context firstly the legal regulations about the realization of a healthy environment and housing rights and housing policies of some of the institutions formed by basing on these regulations are discussed. 3.2.1. The Housing Development Administration and Mass Housing Law In the articles 56 and 57 of the Constitution, housing, healthy environment, social and economic rights and freedoms are stated and it is accepted that it is the duty of the state to realize them. This, in a way, means that the state should develop policies about these subjects and should put interventions that meet the requirements of the groups who are in need. When housing is regarded as a need, there are two groups which meet these needs. Kele , considers the first group as the ones who can need their housing needs within the free market conditions by their own financial resources. This group can buy house from free market or pay the rents of houses. Second group consists of ones who can not live in an appropriate house with their financial resources. The support of the state and other public institutions is needed for meeting the needs of this group. State undertakes duties in meeting the need of housing with the development of welfare state practices and progressive polices. In the article 49 paragraph 2 of the 1961 Constitution it is stated that “State shall take precautions in meeting the needs of a healthy housing conditions for poor or low-income families”. However there is no article in 1982 Constitution especially about the poor or low-income families. 40 For the preliminary studies see WER-6; for detailed data of meeting held by the ministry see WEB-7 67
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 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 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: of law and justice and preparing th
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,
Page 155 and 156:
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
show all

a critical evaluation on the concept of justice in planning process

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?