Esther Hayut sets Israel on fire

Apparently, all a judge needs to rule the way he or she wants is to place themselves above the Knesset, the laws it passes and the government charged with executing them.

By Caroline Glick |
Israeli Supreme Court president Esther Hayut during a court hearing on petitions against a law to get around Prime Minister Netanyahu's incapacitation, at the Supreme Court in Jerusalem, on Aug. 3, 2023. Photo: Yonatan Sindel/Flash90.

(JNS) Outgoing Supreme Court president Esther Hayut is playing the short game. She wants to clear her desk, finish the work she set out to achieve when she took over as Supreme Court head in late 2017 and let the chips fall where they may.

Shortly before Hayut assumed office, she set out her judicial vision in an address before the Bar Association. The central challenge facing the court, she declared, was surmounting the rule of law.

Comparing herself and her colleagues to God, she bloviated: “There’s a disadvantage that we flesh and blood judges have in comparison to the Creator of the Universe. Even in the situations where we understand fairly quickly the dilemma that brought the petitioners before us, it often happens that the solution we view as just and proper isn’t possible under the practice and requirements of law. These situations in my view are among the most difficult and complex ones that we as judges are called upon to contend with.

“How do we bridge the gap between the law and what is right? Finding an answer to this question, discovering the secret … ‘spice’ is perhaps one of the greatest tasks that lies before us as judges.”

Now with a mere two months remaining to her tenure, Hayut is finishing the job. She’s found the “secret spice.” All a judge needs to rule the way he or she wants is to place themselves above the Knesset, the laws it passes and the government that is charged with executing them. She began the process two years ago and is completing it now.

Israel is a parliamentary democracy. Legally and constitutionally, this means that the Knesset is the sovereign. The government is the executive arm of the Knesset. The Knesset can oust the government any time a majority of Knesset members lose confidence in it. The Supreme Court interprets the Knesset’s laws.

The source of the Supreme Court’s power is the corpus of Basic Laws passed by the Knesset. Since they are the source of its power, the court has no legal power to amend or abrogate these laws.

This, however, is no obstacle for Israel’s godlike Supreme Court justices, who have that “special spice.”

Two years ago, Hayut began laying the markers for the actions she intended to take before her retirement. In two separate judgments, she and her associates agreed to adjudicate petitions calling for the abrogation of Basic Laws and asserted their right to do so, based on an entirely made-up rationale. The justices proclaimed that they can abrogate Basic Laws if they decide the Knesset “abused its foundational powers” in passing them.

This means that Hayut and her cronies have decided that they can annul Basic Laws if they don’t like what they say. Since the justices have the “special spice,” they know better than the public’s elected representatives what a proper law looks like. Or smells like.


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5 responses to “Esther Hayut sets Israel on fire”

  1. 037 says:

    The only thing that Israel needs is, the God.
    The godless judges/kings needs to go.
    In Jesus name.

  2. Vernon Ryan says:

    These leftist judges never seem to realize, they are still subject to the consequences that occur because of their actions. I have yet to see those on the left with enough wisdom to realize they live under the same roof as everyone else in the country. What happens to everyone else WILL also happen to them. The Lord will have His remnant, they will not be part of it.

  3. Cristina Hadassah Florica Radulescu says:

    It seems to me that Israel Today is inclining heavily to the right. I thought that you are not supposed to take sides if you represent the messianic Jewish body in Israel. Have you changed into a news agency only?
    Moreover, people who think that a country does not need independent judiciary do not understand the danger behind an all powerful and incontrollable Knesset: dictatorship, in which MK-s who have no real knowledge of leading a country will impose on everybody their biased decisions. I am sure that nobody at Israel Today or among the readers who post their comments here have lived under a communist regime!

    • Israel Today says:

      Thank you for your relevant comments and questions! (Have you lived under a Communist regime?
      Would you like to share any stories?)
      Israel Today seeks to open a window for the reader to see a RANGE of Zionistic viewpoints in Israel.

  4. Disciple 1978 says:

    But if the judiciary are appointed by the rulers, they overrule their authority to judge if they replace them. In Exodus 18:21 Moses, the ruler of Israel, is advised to appoint judges to help him judge the people. God had set out the laws, so Moses became the executive, the legislature and the judiciary of God’s laws. He is a type of the Prophet, (Deut 18:18; John 7:40) a role that would be fulfilled by Messiah in person when he returned. As God’s people come to know the Lord they find that God’s laws are written on their hearts. (Jer 31:34; 1 John 2:27) This judiciary deceive themselves by making law, that is more than unreasonable. Don’t they know that the heart is deceitful? (Jer17:9) They have the democratic process, the same as everyone else, to use if they find that laws need changing.

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