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Comparative Constitutionalism The United States Constitution protects property rights by prohibiting the taking of private property for public use by the federal and state governments without the payment of just compensation1. According to the United States Supreme Court, the Takings Clause of the Fifth Amendment is intended "to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole."2 As the Court has noted, a "strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change."3 One of the most common assumptions about the United States Constitution is that it protects negative rights. Yet the International Covenant on Economic, Social, and Cultural Rights, as well as many foreign constitutions, require governments to affirmatively provide socio-economic necessities. This opens...

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