Retired Supreme Court Chief Justice Esther Hayut Warns of Democratic Decline

Retired Supreme Court Chief Justice Esther Hayut delivered a stark warning about the state of Israeli democracy, stating that the "litmus test of our lives" in recent years has been dipped in a "very acidic substance" that signals a "red light" for regime change and the destruction of liberal democracy.

Hayut made these remarks at an event celebrating the launch of "Threshold of the Abyss: Coup, Protest, Trial," a new book by legal journalist Moshe Gorali. The event, held at Tel Aviv University's Faculty of Law and moderated by legal commentator Baruch Kra, was attended by numerous prominent legal figures, journalists, and public officials, including retired Supreme Court Justice Menny Mazoze and former Deputy Attorney General Dina Zilber.

Hayut emphasized the crucial role of a free press and an independent judiciary in safeguarding democracy. She noted that the Supreme Court has historically provided a "broad, stable, and consistent umbrella of protection" for press freedom, thereby contributing to democratic defense. However, she cautioned that damage to any component of the democratic discourse, including the press, academia, civil society, courts, protesters, social media, the Knesset, and public service, can have cascading negative effects on others.

She elaborated on specific threats, explaining that when journalists fear lawsuits or violence, the public receives less information. Similarly, when protesters fear disproportionate enforcement or illegal measures, public protest diminishes. Hayut also highlighted concerns that regulatory sanctions could influence media outlets' decision-making and that fear among public servants of reporting corruption prevents the public from knowing, thereby undermining oversight and democracy.

Addressing the author, Hayut praised Gorali's book for its "sharp scalpel and great talent" in analyzing a "terrible and dangerous period" for Israeli democracy. She stated that the book's insights, drawn from Gorali's extensive experience, explore the multifaceted reasons that have led Israel to the "threshold of the abyss" over the past decade.