This book is centrally concerned with the judicial application of these concepts and discusses whether these applications generally correspond with universal constitutional principles. Contrary to what some legal scholars suggest,[14] fundamental rejection of these concepts is likely to be unsuccessful,[15] given the central role that constitutional and national identity clauses play in today’s constitutional discourse. Being part of positive law, these clauses are open to interpretation. So, before putting constitutional and national identity into the pantheon of legal keywords, the book will consider whether the concepts of constitutional and national identity as they are used in connection with EU law are inherently flawed or whether they have merely been applied in problematic ways.