This article focuses on constitutional identity in the Nordic EU member states and the
tension between constitutional identity and political constitutionalism, as well as how different conceptions of the separation of powers between political branches and the judicial
branch could potentially lead to indirect inequality between EU member states because of
fundamental differences in their constitutional systems. The article will particularly
delineate how differences in the role of the courts in national constitutional settings
and differences in those legal systems could potentially impact the equality of EU member
states indirectly in relation to key provisions of the Treaty of the European Union, such as
Article 4, Part 2, and Article 6, Part 3