review in mala fides situations until a case with a mala fides factual situation arises. Furthermore, there is an increasing number of Malaysian cases reflecting "a gradual recognition that ... indicate a retreat from the purely subjective approach". In response to the harshness of the rule in Lee Mau Seng, academics have offered several suggestions for circumventing it. One is that the definition of mala fides used by the courts in Lee Mau Seng is actually unreasonableness and not mala fides in the narrow sense of dishonesty or bad faith. In Cannock Chase District Council v. Kelly (1977), Lord Justice Megaw asserted that bad faith is "dishonesty" and "always involves a grave charge". This contrasts with the meaning of mala fides in Lee Mau Seng which includes situations of carelessness or vagueness. Thus, an allegation of bad faith in the narrow sense could permit review by the courts. Freezing of the common law After the 1989 amendments to the Constitution and the ISA, there was academic discourse on the effect of section 8B(1) on the future development of the common law. The amendments merely caused a time warp in the common law, taking it back to 1971. As they did not amount to a codifying or declaratory Act seeking to replace the common law of judicial review, there is uncertainty whether the courts may continue to develop the common law and move away from the legal position laid down in Lee Mau Seng. Michael Rutter has asserted that the common law can indeed continue to change. While the Parliament has the power to turn the clock back, "the Parliament is powerless to stop the clock from running" and "as soon as the clock is placed back in the hands of the judiciary, the hands might race forward again". Such a stance has wide implications: the High Court and Court of Appeal would not be bound by Lee Mau Seng. They could rule that situations involving mala fides are judicially reviewable, or completely re-adopt the legal position stated in Chng Suan Tze. The justification is that "if Parliament intended to render judiciary law impossible, it has only to issue its laws in a more detailed shape, so that in the vast complexity of human affairs there may always be at hand a rule sufficiently precise and definite to meet each particular case". Validity of ouster clause Another issue that has undergone