Esther Hayut

Esther Hayut
אֶסְתֵּר חַיּוּת
President of the Supreme Court of Israel
In office
26 October 2017 – 16 October 2023
Deputy
Preceded byMiriam Naor
Succeeded byYitzhak Amit (2025)
Justice of the Supreme Court of Israel
In office
26 March 2004 (2004-03-26) – 16 October 2023
Nominated byTzipi Livni
Appointed byMoshe Katzav
Personal details
Born (1953-10-16) 16 October 1953
Herzliya, Israel
EducationTel Aviv University (LLB)

Esther Hayut (Hebrew: אֶסְתֵּר חַיּוּת; born 16 October 1953) is an Israeli jurist who served as president of the Supreme Court of Israel from October 2017 to October 2023, and as Justice of the Supreme Court of Israel from 2004 to 2023. She is considered to have been a progressive and liberal justice in the Supreme Court of Israel, playing a key role in many landmark cases throughout her tenure.[1][2][3][4]

Early life

Esther "Esti" Avni was born in Herzliya, Israel, in the Shaviv ma'abara (today the Yad HaTesha neighborhood) to Yehuda and Yehudit Avni, who were both Romanian Holocaust survivors.[5] Her parents divorced when she was a toddler, and her father emigrated to the United Kingdom. She grew up in her grandparents' home in the Neve Amal neighborhood of Herzliya.[6] At age 17, she moved to Eilat to live with her mother, who had remarried. She completed high school in Eilat in 1971. After graduating high school, she was conscripted into the Israel Defense Forces, where she served in the Central Command Band.[7]

After her discharge from the army, Hayut attended law school at Tel Aviv University, graduating in 1977.[8] During her law studies, she met her husband, David Hayut, with whom she has two sons. Hayut interned at the law firm of Haim Yosef Zadok, a former Israeli Minister of Justice, where she stayed on to work as an associate lawyer between 1977 and 1985. After leaving the firm, Hayut opened an independent office together with her husband, specializing in commercial law and tort law.

Judicial career

Hayut was appointed judge of the Tel Aviv Magistrates Court in March 1990, acting judge of the Tel Aviv District Court in October 1996, and judge of the Tel Aviv District Court in September 1997. She served as an acting justice of the Supreme Court from March 2003 and as justice of the Supreme Court of Israel since May 2004.[8]

In May 2015 Hayut was appointed Chairperson of the Central Election Committee for the 20th Knesset.[9] Hayut was unanimously elected to replace Miriam Naor as the Chief Justice of the Supreme Court in 2017 according to the seniority method used in Israel.[10][11][12]

In January 2023, Hayut spoke against proposed judicial reforms, calling them "an unbridled attack ... a plan to crush the judicial system" at a conference of the Israel Association of Public Law.[13][14] On 1 January 2024, the Supreme Court led by Hayut, issued a narrow 8-to-7 decision, that the Knesset law blocking the court's use of the "reasonableness" doctrine was unconstitutional, overturning the law—thus self-validating, reasserting and reinforcing the court's own authority to use the "reasonableness" standard, at its discretion, to review and overturn Knesset-passed laws.[15][16][17] At the same time, by a broad 12–3 majority, the Supreme Court ruled that it had the right to review any Knesset-passed Basic Law, and decide on its constitutional legitimacy.[15][16][17] Hayut is said to have played a key role in shaping the doctrine that limits the Knesset’s authority. She emphasized that while the Knesset has broad powers, they are not unlimited and that amendments cannot undermine Israel’s core identity as a Jewish and democratic state.[2]

Hayut retired on 15 October 2023, legally mandated for Supreme Court presidents when reaching 70, with no permanent replacement named.[18] Uzi Vogelman was expected to become president in 2023 following Hayut's retirement until his own retirement a year later, but due to the short term he would serve, he indicated he would decline the position.[19] Nevertheless, as Deputy President of the Supreme Court, Vogelman became acting president on 16 October 2023.

Hayut's first public remarks since retiring were made in 2024, where she expressed concerns about the government led by Netanyahu desires to try again to pass judicial reform laws. She also raised concerns about threats to the independence of several important institutions, including the judiciary, universities and the media.[20]

Awards

In 2022, Hayut was chosen by Forbes as one of the "50 over 50 women leading the way throughout Europe, the Middle East and Africa."[21]

On 23 December 2024 Hayut was conferred an Honorary Doctorate of Philosophy by the University of Haifa.[20]

See also

References

  1. ↑ McKernan, Bethan (24 September 2023). "Immigrant, pop star ... and supreme court judge who will decide fate of Israel's justice system". The Observer. ISSN 0029-7712. Archived from the original on 24 September 2023. Retrieved 10 April 2025.
  2. 1 2 Gross, Aeyal (9 January 2024). "Did the Israeli Supreme Court Kill the Constitutional Coup?". Verfassungsblog. doi:10.59704/29c82c831a7ba4eb. ISSN 2366-7044. Archived from the original on 14 August 2025. Retrieved 10 April 2025.
  3. ↑ "Who are the High Court justices shaping Israel's destiny?". The Jerusalem Post. 12 September 2023. ISSN 0792-822X. Archived from the original on 30 April 2025. Retrieved 10 April 2025.
  4. ↑ "On Last Day as Supreme Court President, Esther Hayut Urges Israelis: Do Not Give Up Hope". Haaertz. Archived from the original on 17 October 2023. Retrieved 10 April 2025.
  5. ↑ "For Third Time, Female Justice Elected to Head Israel's Supreme Court". The Tower. 6 June 2017. Archived from the original on 11 November 2019. Retrieved 20 March 2018.
  6. ↑ "Esther Hayut named Supreme Court president - Globes English". Globes (in Hebrew). 5 September 2017. Archived from the original on 30 June 2018. Retrieved 20 March 2018.
  7. ↑ "Meet Esther Hayut, the Pop Star Who Just Became Israel's Chief Justice". Tablet Magazine. 5 September 2017. Archived from the original on 11 November 2019. Retrieved 20 March 2018.
  8. 1 2 "Hayut, Esther". Versa Opinions of the Supreme Court of Israel. Benjamin N. Cardozo School of Law. Archived from the original on 10 March 2024. Retrieved 10 March 2024.
  9. ↑ Harkov, Lahav (26 May 2015). "Esther Hayut named new Central Elections Committee head". The Jerusalem Post. Retrieved 1 December 2015.
  10. ↑ "Esther Hayut sworn in as Supreme Court president". Ynetnews. 26 October 2017. Archived from the original on 11 November 2019. Retrieved 20 March 2018.
  11. ↑ Hovel, Revital (5 September 2017). "Esther Hayut Appointed to Be Israel's Next Supreme Court President". Haaretz. Archived from the original on 25 May 2026. Retrieved 31 May 2026.
  12. ↑ "Esther Hayut sworn in as chief justice amid bid to curb judiciary". The Times of Israel. 26 October 2017. Archived from the original on 16 October 2020. Retrieved 20 March 2018.
  13. ↑ Sharon, Jeremy (12 January 2023). "In fiery speech, Hayut says judicial shakeup plan 'fatal blow to Israeli democracy'". Times of Israel. Archived from the original on 24 July 2023. Retrieved 24 July 2023.
  14. ↑ "About us". The Israel Association of Public Law העמותה למשפט ציבורי בישראל. Archived from the original on 10 March 2024. Retrieved 10 March 2024.
  15. 1 2 "Israel-Hamas War: Israeli Supreme Court Decision Prompts Polarized Response in a Nation at War". The New York Times. 1 January 2024. Archived from the original on 3 August 2024. Retrieved 3 August 2024.
  16. 1 2 "Israel Supreme Court strikes down judicial reforms" Archived 14 February 2026 at the Wayback Machine, 1 January 2024, BBC News, retrieved 3 August 2024
  17. 1 2 "Israeli Supreme Court hands Netanyahu a loss on judicial overhaul as Hamas war rages," Archived 21 April 2025 at the Wayback Machine 1 January 2024, Fox News (with the Associated Press), retrieved 3 August 2024
  18. ↑ Sharon, Jeremy (16 October 2023). "Supreme Court president Hayut retires, hoping for 'better days'". Times of Israel. Archived from the original on 10 March 2024. Retrieved 10 March 2024.
  19. ↑ Maanit, Hen (23 March 2022). "Justice Vogelman Expected to Decline Supreme Court Presidency". Haaretz. Archived from the original on 12 August 2022. Retrieved 10 March 2024.
  20. 1 2 "'Disastrous initiatives': Ex-Supreme Court chief Esther Hayut slams gov't calls for judicial reform". The Jerusalem Post. 23 December 2024. ISSN 0792-822X. Archived from the original on 11 February 2025. Retrieved 10 April 2025.
  21. ↑ McGrath, Maggie. "50 Over 50: EMEA 2022". Forbes. Archived from the original on 5 August 2023. Retrieved 29 August 2022.
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