A Critial Evaluation on the Concept of Justice in Planning Process-Judicial Oversight: the Balçova and Narlıdere Cases

Abstract

This thesis aims at scrutinizing what is meant by the concept of justice and the ways the concept is being referred to in urban planning practice in Turkey. Aimed as such, the due analysis involves examination of how the concept is taken into consideration and defined by different actors taking part in urban planning process of our country. The basic data underlying the considerations based on not only the conceptual discussions, but also the planning practice will comprise different demands concerning the urban space and the cases of lawsuit under control of adjudication as reflections of these demands upon the process of planning. The questions to which this study based on .justice. in the urban system and the planning discipline are to be answered can be listed as follows: Which concepts, which ideals, which discourses and methods are used during the process of distribution mechanism in the economic realm, law system and judicial process? How are the basic concepts of justice, namely equality, interest, right and liberty used in defining and encountering the urban social needs in these processes? Do the achieved results involve any targeted ends that can be called as just? In order to elucidate the understanding and demands of justice, conceptual information pertaining to the concept of justice is required. For this reason, study focuses on theories of justice and elaborates the fundamental points of concepts, theories and their reflection on the state regulations. Regarding an assessment of the Turkish practice, overall assessments are held as based on cases of lawsuit under control of adjudication. The cases of lawsuit are assumed to represent matters of conflict/dispute and spatial demands of actors regarding the urban space. Accepted as such, the spatial disputes will be elaborated on basis of the matters of case study area in emphasis.