{{Short description|Israeli jurist (born 1953)}} {{Use dmy dates|date=April 2023}} {{Infobox officeholder | image = Esther Hayut - November 2017 (cropped).jpg | office = President of the Supreme Court of Israel | term_start = 26 October 2017 | term_end = 16 October 2023 | predecessor = Miriam Naor | successor = Yitzhak Amit (2025) | deputy = Hanan Melcer<br>Neal Hendel<br>Uzi Fogelman | office2 = Justice of the Supreme Court of Israel | nominator2 = Tzipi Livni | appointer2 = Moshe Katzav | term_start2 = {{Start date|2004|03|26|df=yes}} | term_end2 = 16 October 2023 | birth_date = {{birth date and age|1953|10|16|df=y}} | birth_place = Herzliya, Israel | death_date = | death_place = | alma_mater = Tel Aviv University (LLB) | native_name = אֶסְתֵּר חַיּוּת | native_name_lang = he }}
'''Esther Hayut''' ({{Langx|he|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.<ref>{{Cite news |last=McKernan |first=Bethan |date=2023-09-24 |title=Immigrant, pop star ... and supreme court judge who will decide fate of Israel's justice system |url=https://www.theguardian.com/world/2023/sep/24/immigrant-pop-star-and-supreme-court-judge-who-will-decide-fate-of-israels-justice-system |access-date=2025-04-10 |work=The Observer |language=en-GB |issn=0029-7712}}</ref><ref name=":0">{{Cite journal |last=Gross |first=Aeyal |date=2024-01-09 |title=Did the Israeli Supreme Court Kill the Constitutional Coup? |url=https://verfassungsblog.de/did-the-israeli-supreme-court-kill-the-constitutional-coup/ |journal=Verfassungsblog |doi=10.59704/29c82c831a7ba4eb |issn=2366-7044|doi-access=free }}</ref><ref>{{Cite web |date=2023-09-12 |title=Who are the High Court justices shaping Israel's destiny? |url=https://www.jpost.com/israel-news/politics-and-diplomacy/article-758704 |access-date=2025-04-10 |website=The Jerusalem Post |language=en |issn=0792-822X}}</ref><ref>{{Cite web |title=On Last Day as Supreme Court President, Esther Hayut Urges Israelis: Do Not Give Up Hope |url=https://www.haaretz.com/2023-10-17/ty-article/.premium/on-last-day-as-supreme-court-president-esther-hayut-urges-israelis-do-not-give-up-hope/0000018b-39f6-d5b8-a78b-f9f7ebda0000 |website=Haaertz}}</ref>
==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.<ref>{{cite news|title=For Third Time, Female Justice Elected to Head Israel's Supreme Court|url=http://www.thetower.org/5407oc-for-third-time-female-justice-elected-to-head-israels-supreme-court/|work=The Tower|date=6 June 2017}}</ref> 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.<ref>{{cite news|title=Esther Hayut named Supreme Court president - Globes English|url=http://www.globes.co.il/en/article-esther-hayut-named-supreme-court-president-1001203810|work=Globes|date=5 September 2017|language=he}}</ref> 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.<ref>{{cite news|title=Meet Esther Hayut, the Pop Star Who Just Became Israel's Chief Justice|url=http://www.tabletmag.com/scroll/244503/meet-esther-hayut-the-pop-star-who-just-became-israels-chief-justice|work=Tablet Magazine|date=5 September 2017|language=en}}</ref>
After her discharge from the army, Hayut attended law school at Tel Aviv University, graduating in 1977.<ref name="Curriculum Vitae">{{cite web |title=Hayut, Esther |url=https://versa.cardozo.yu.edu/justices/hayut-esther |website=Versa Opinions of the Supreme Court of Israel |publisher=Benjamin N. Cardozo School of Law}}</ref> 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.<ref name="Curriculum Vitae" />
In May 2015 Hayut was appointed Chairperson of the Central Election Committee for the 20th Knesset.<ref>{{Cite news |author=Harkov, Lahav |title=Esther Hayut named new Central Elections Committee head |newspaper=The Jerusalem Post |date=26 May 2015 |url=https://www.jpost.com/Breaking-News/Esther-Hayut-named-new-Central-Elections-Committee-head-404144 |access-date=1 December 2015}}</ref> 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.<ref>{{cite news|title=Esther Hayut sworn in as Supreme Court president|url=https://www.ynetnews.com/articles/0,7340,L-5034533,00.html|work=Ynetnews|date=26 October 2017|language=en}}</ref><ref>{{cite news |last1=Hovel |first1=Revital |date=5 September 2017 |title=Esther Hayut Appointed to Be Israel's Next Supreme Court President |url=https://www.haaretz.com/israel-news/2017-09-05/ty-article/.premium/esther-hayut-appointed-to-be-israels-next-supreme-court-president/0000017f-db6d-d3a5-af7f-fbefef4e0000 |work=Haaretz |language=en}}</ref><ref>{{cite news |date=26 October 2017 |title=Esther Hayut sworn in as chief justice amid bid to curb judiciary |url=https://www.timesofisrael.com/esther-hayut-63-sworn-in-as-chief-justice-amid-bid-to-curb-judiciary/ |work=The Times of Israel}}</ref>
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.<ref>{{cite news |last1=Sharon |first1=Jeremy |date=12 January 2023 |title=In fiery speech, Hayut says judicial shakeup plan 'fatal blow to Israeli democracy' |url=https://www.timesofisrael.com/in-fiery-speech-hayut-says-judicial-shakeup-plan-fatal-blow-to-israeli-democracy/ |work=Times of Israel}}</ref><ref>{{Cite web |title= En | העמותה למשפט ציבורי בישראל|url=https://publiclaw.org.il/about-us/ |website=The Israel Association of Public Law}}</ref> 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.<ref name="decision_2024_01_01_nytimes">[https://www.nytimes.com/live/2024/01/01/world/israel-supreme-court-gaza-news "Israel-Hamas War: Israeli Supreme Court Decision Prompts Polarized Response in a Nation at War,"] January 1, 2024, ''The New York Times,'' retrieved August 3, 2024</ref><ref name="strikes_2024_01_01_bbc">[https://www.bbc.com/news/world-middle-east-67859177 "Israel Supreme Court strikes down judicial reforms"], January 1, 2024, BBC News, retrieved August 3, 2024</ref><ref name="loss_2024_01_01_foxnews">[https://www.foxnews.com/world/israeli-supreme-court-hands-netanyahu-loss-judicial-overhaul-hamas-war-rages "Israeli Supreme Court hands Netanyahu a loss on judicial overhaul as Hamas war rages,"] January 1, 2024, Fox News (with the Associated Press), retrieved August 3, 2024</ref> 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.<ref name="decision_2024_01_01_nytimes" /><ref name="strikes_2024_01_01_bbc" /><ref name="loss_2024_01_01_foxnews" /> 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.<ref name=":0" />
Hayut retired on 15 October 2023, legally mandated for Supreme Court presidents when reaching 70, with no permanent replacement named.<ref>{{Cite web |last=Sharon |first=Jeremy |date=October 16, 2023 |title=Supreme Court president Hayut retires, hoping for 'better days' |url=https://www.timesofisrael.com/supreme-court-president-hayut-retires-hoping-for-better-days/ |website=Times of Israel}}</ref> 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.<ref>{{Cite web |last=Maanit |first=Hen |date=March 23, 2022 |title=Justice Vogelman Expected to Decline Supreme Court Presidency |url=https://www.haaretz.com/israel-news/2022-03-23/ty-article/.premium/justice-vogelman-expected-to-decline-supreme-court-presidency/00000180-5bbd-df19-a7f3-dbfdfb670000 |website=Haaretz}}</ref> 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.<ref name=":1">{{Cite web |date=2024-12-23 |title='Disastrous initiatives': Ex-Supreme Court chief Esther Hayut slams gov't calls for judicial reform |url=https://www.jpost.com/israel-news/article-834584 |access-date=2025-04-10 |website=The Jerusalem Post |language=en |issn=0792-822X}}</ref>
== 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.<ref>{{Cite web |last=McGrath |first=Maggie |title=50 Over 50: EMEA 2022 |url=https://www.forbes.com/sites/maggiemcgrath/2022/01/18/50-over-50-emea-2022/ |access-date=29 August 2022 |website=Forbes |language=en}}</ref>
On 23 December 2024 Hayut was conferred an Honorary Doctorate of Philosophy by the University of Haifa.<ref name=":1" />
==See also== *Women in Israel
==References== {{reflist}}
{{commons category}} {{Presidents of the Supreme Court of Israel}} {{Authority control}}
{{DEFAULTSORT:Hayut, Esther}} Category:1953 births Category:Living people Category:21st-century women judges Category:Chief justices of the Supreme Court of Israel Category:Israeli people of Romanian-Jewish descent Category:Israeli women judges Category:Judges of the Supreme Court of Israel Category:People from Eilat Category:People from Herzliya Category:Tel Aviv University alumni Category:Women chief justices Category:Lehakat Pikud Merkaz musicians