They were considered stray ballots but the Gore camp said those votes should be counted. The Supreme Court agreed. It added that it was invoking its powers to fashion a remedy that will allow a fair and expeditious resolution of the question. The right of the people to cast their votes is the paramount concern overriding all others. Substance takes precedence over form.
Intent takes precedence over the letter of the law.
Substance and intent over technicality. These are basic rules in the legal profession. Which was what was in effect invoked by the Florida Supreme Court in the above case. And which should be followed by the Philippine Senate in the impeachment trial of President Estrada. Erap s desperate defense lawyers are obviously following these tactics.