As, in the Venice Commission’s opinion, amending the Constitution through the constitutional procedure cannot be envisaged in Haiti before the state institutions are reestablished, a certain balance between opposing needs – legality and democratic legitimacy of the constitutional amendments and priority to effective governance – will need to be found. The preparation of the constitutional amendments by the Transitional Presidential Council, if it decided to do so, should be inspired by previous constitutional amendment processes; further, the approval of the amendments by referendum should be envisaged, even if this procedure has no basis in the present Constitution.