Council of State?s resolutions; authorizing rules in resettlement plans and problems and solutions in planning

It is the twentieth century when the governments are charged with a number of new duties and responsibilities like ensuring a healthy and balanced life for their citizens, and preserving the coastlines and cultural assets in addition to their classical tasks. In this context, the task of planning is one of the new liabilities imposed on the government under the Turkish Constitutions 1960 and 1982. The public entities and organizations share this power of planning as per some specific laws and regulations. It however causes some power confusions and conflicts among the public entities and organizations, as no priority has been defined for exercising the power in this shared structure, and a same space may fall under the authority of several administrations. This study covers the rules of authorization on the resettlement plans (hereinafter the authorizing rules). While this study elaborates the normative arrangements resulting in power conflicts, it also addresses which shortages and discrepancies are responsible of the said conflicts, and the legal criteria put forward by the judicial authorities in case of such conflicts in exercising the planning power. vii To avoid any power conflict among the public entities and organizations to exercise the resettlement planning power, it is a must for the respective laws and regulations to so define the authorizing rules that they would not cause any conflict or discrepancy. On the other hand, the authorizing rules should be harmonized in the special laws covering such powers of resettlement planning. There is a need to elaborate the purpose and scope of any special law whenever an authorization of planning is granted. Any amendment on the authorizing rules in the existing arrangements should be reconciled by coordination among any involved public entities and organizations. Keywords :Planning, Resettlement Plans, Common and Special Authorizing Rules in Resettlement Plans, Power Conflicts in Planning