Gerry Whyte
Professor of Law (on sabbatical Hilary Term 2012)
School of Law
Room 02C, House 39
Trinity College, Dublin 2
Tel: (01) 896 1939
Fax: (01) 677 0449
Email: gwhyte at tcd.ie
Areas of Interest
Constitutional law, public interest law, social welfare law, law and religion, trade union and labour law.
- Biography
- Professional Qualifications
- Representations
- Administrative Functions
- Awards and Honours
- Education Details
- Employment Details
- Publications
- Postgraduate Research Students
- Links
Biography
Gerard F Whyte BCL (NUI) LLM (NUI) MA FTCD (1990) LL.D. (NUI), Barrister-at-Law. Gerard Whyte is an Associate Professor in Trinity Law School and a Fellow of Trinity College and Dean of Students. The author and co-author of books on public interest law, constitutional law and trade union law, he has also edited books on aspects of law and religion and Irish social welfare law and has published extensively in the areas of public interest law, constitutional law, social welfare law and labour law. He is also active in a number of social justice and legal aid organisations and of the Commission on Assisted Human Reproduction and a former member of the Steering Group of Irish Council of People with Disabilities. His research interests are public interest law, constitutional law, labour law, social welfare law, law and religion.
Professional Qualifications
- Degree of Barrister-at-Law, The Honorable Society of King’s Inns, Dublin
Representations
- Ministerial appointee to Steering Group for Irish Council of People with Disabilities, 1998-2001
- Ministerial appointee to Commission on Assisted Human Reproduction, 2002 to date
- Member of EU Group of Experts on Convergence of Social Protection Policies 1992-1993
Administrative Functions
- Dean of Students, 2007 -
- Head of the Law School, 1999-2003, 2005-2007
- Registrar of the Law School, 1989-1995
- Director of the LL.M. programme, 1996 – 1999
- Co-ordinator of Law and Language programmes, 1993-1996
- College tutor – 1987-1998
- Member of College Academic Appeals Committee 1989 – 1999
- Member of College Equality Committee 1997-2003
- Member of College Academic Affairs Committee 1995-2003
- Member of the College Review Group on disciplinary procedures for students (1989)
- Member of the College Review Group on the position of women academics in College (1989)
- Member of the College Review Group on disciplinary procedures for staff members (1995)
- Member of the Working Group on Modularisation in Postgraduate Teaching (2000/01)
- Law School Disability Liaison Officer, 2004 to 2006
Awards and Honours
- Fellow of Trinity College
- Research Associate, Von Hugel Institute, University of Cambridge, 2004
Education Details
- BCL, (1978, NUI)
- LL.M. (1981, NUI)
- BL (1982, Honorable Society of King’s Inns)
- LL.D. (2006, NUI).
Employment Details
- 1979-1980 – Temporary lecturer, UCD
- 1980-1992 – Lecturer, TCD
- 1992-2002 – Senior Lecturer, TCD
- 2002-to date – Associate Professor, TCD
Publications
Type |
Reference |
Year |
Status |
|---|---|---|---|
| Books | Kelly's The Irish Constitution (with G. Hogan) (Fourth edition). | 2004 | LexisNexis |
| Social Inclusion and the Legal System: Public Interest Law in Ireland . | 2002 | IPA | |
| Irish Trade Union Law (with A. Kerr). | 1985 | Professional Books | |
| Edited books | Sex Equality, Community Rights and Irish Social Welfare Law. | 1988 | ICEL |
| Religious Morality and Public Policy (co-editor with B. Treacy). | 1995 | Dominican Publications | |
| Chapters/articles in books | "Law and Poverty in Ireland" in Law and Social Policy (ed. W. Duncan). | 1987 | Dublin University Law Journal |
| "Council Directive 79/7/EEC in Ireland" in Sex Equality, Community Rights and Irish Social Welfare Law (ed. G. Whyte). | 1988 | ICEL | |
| "Education and the Constitution" in Religion, Education and the Constitution [ed. D. Lane). | 1992 | Columba Press | |
| "Irish Social Security Policy during the 1980s" in Social Policy in Europe (ed. B. Greve) (Copenhagen). | 1992 | Danish National Institute of Social Research | |
| “ Abortion and the Law" in Abortion, Law and Conscience (Dominican Publications 1992). | 1992 | Dominican Publications | |
| "Constitutional Adjudication, Ideology and Access to the Courts" in Law and Liberty in Ireland (ed. A. Whelan). | 1993 | Oaktree Press | |
| "A comment on the Constitution Review Group's proposals on equality" in Developments in discrimination law in Ireland and Europe (Byrne and Duncan, eds.). | 1997 | ICEL | |
| "Some reflections on the role of religion in the constitutional order" in Ireland's Evolving Constitution 1937-1996 - collected essays, (Murphy and Twomey, eds.). | 1998 | Hart Publications | |
| "Socio-Economic Rights and the Irish Constitution" in Social Rights and Social Cohesion (Lavan, ed.). | 2003 | IEA/Dept. of Social, Community and Family Affairs | |
| “Rights and Judicial Activism” in Theorising Irish Social Policy (Fanning, Kennedy, Kiely, Quin, eds.). | 2004 | UCD Press | |
| Articles | "Industrial Relations and the Constitution" (1981) XVI Ir. Jur.35. | 1981 | |
| "Constitutional protection and the European Convention on Human Rights -an Irish joke? The punchline" (1981) Modem Law Review 541. | 1981 | ||
| "The applicability of the European Convention on Human Rights before the Irish courts" (1982) International Comparative and Law Quarterly 856. | 1982 | ||
| "Constitutional Law - the one judgment rule in action" (1983) 5 Dublin University Law Journal 273. | 1983 | ||
| "Labour Law, Trade Disputes and the Constitution" (1984) 6 Dublin University Law Journal 187 (with A. Kerr). | 1984 | ||
| "And Justice for Some..." (1984) 6 Dublin University Law Journal 88. | 1984 | ||
| "An evaluation of the Report of the Commission on Social Welfare" (1986) 5 Journal of the Irish Society for Labour Law 81. | 1986 | ||
| "Social Welfare Law 1985/6: the year in review" (1986) 5 Journal of the Irish Society for Labour Law 135. | 1986 | ||
| "Social Welfare Law 1986/7: the year in review" (1987) 6 Journal of the Irish Society for Labour Law 88. | 1987 | ||
| "Social Welfare Law 1987/8: the year in review" (1988) 7 Journal of the Irish Society for Labour Law 82. | 1988 | ||
| "The Family and the State -Irish Constitutional Law" (1988) 7 St. Louis University Public Law Review 237. | 1988 | ||
| "Social Welfare Law 1988/9: the year in review" (1989) 8 Journal of the Irish Society for Labour Law 66. | 1989 | ||
"Part-time Workers under Labour and Social Welfare Law" (1989) 11 Dublin University Law Journal 74. |
1989 | ||
"Welfare, Women and Unjust Enrichment" (1991) Industrial Law Journal 304 (with E. O'Dell). |
1991 | ||
"Education and the Constitution: convergence of paradigm and praxis" (1990-2) XXV-XXVII Ir. Jur. 69. |
1992 | ||
"Report of the Review Group on the Treatment of Households in the Social Welfare Code: a Legal Perspective" (1991) 40 Administration 134. |
1991 | ||
"State Aid for Church Schools: Is it legal?" Doctrine and Life (Feb. 1992). |
1992 | ||
"Social Welfare Law" in Annual Review of Irish Law 1993 (Ed. Byme and Binchy, 1994). |
1994 | ||
"Introduction" to Religious Morality and Public Policy (ed. Tracey and Whyte) (Dominican Publications, 1995). |
1995 | ||
"Gender and Equality in the Irish Social Welfare System" (1995) Irish Human Rights Yearbook 50. |
1995 | ||
"The White Paper: a lawyer's response" (1995) Vol. II Studies in Education: A Journal of Educational Research 22. |
1995 | ||
"The right to die and the Irish Constitution" (1997) European Public Law 235. |
1997 | ||
"Religion and the Irish Constitution" (1997) John Marshall Law Review 725. |
1997 | ||
"Education, religion and an indeterminate constitution" (1997) Doctrine and Life 274. |
1997 | ||
"Social Welfare Law" in Annual Review of Irish Law 1995 (Byrne and Binchy, eds., 1997). |
1998 | ||
"Social Welfare Law" in Annual Review of Irish Law 1996 (Byrne and Binchy, eds., 1997). |
1999 | ||
"Social Welfare Law" in Annual Review of Irish Law 1997 (Byrne and Binchy, eds., 1998). |
1998 | ||
"Social Welfare Law" in Annual Review of Irish Law 1998 (Byrne and Binchy, eds., 1999). |
1998 | ||
"Discerning the philosophical premises of the Report of the Constitution Review Group: an analysis of the recommendations on fundamental rights" (1998) Contemporary Issues in Irish Law and Politics 216. |
2000 | ||
"Public interest litigation in Ireland - the emergence of the affirmative decree?" (1998) 20 Dublin University Law Journal (n.s.) 198. |
1997 | ||
"Social Welfare Law" in Annual Review of Irish Law 1999 (Byrne and Binchy, eds., 2000). |
2001 |
||
"Social Welfare Law" in Annual Review of Irish Law 2000 (Byrne and Binchy, eds., 2001). |
2002 | ||
"Social Welfare Law" in Annual Review of Irish Law 2001 (Byrne and Binchy, eds., 2002). |
2004 | ||
"Social Welfare Law" in Annual Review of Irish Law 2003 (Byrne and Binchy, eds., 2004). |
2004 | ||
“Democracy and Multireligious Experience: Constitutional Dilemmas” (2004) Svensk Teologisk Kvartalskrift 108. |
2004 | ||
"Rationalising the Law on Picketing" (1979) 113 Irish Law Times and Solicitors' Journal 93. |
1979 | ||
"Nominal plaintiffs and the Irish Constitution" (1980) 74 Gazette of the Incorporated Law Society of Ireland 229. |
1980 | ||
"The right of workers to choose their collective bargaining agents" (1981) 75 Gazette of the Incorporated Law Society of Ireland 53. |
1981 | ||
"The European Convention on Human Rights and the closed shop" (1981) Gazette of the Incorporated Law Society of Ireland 237. |
1981 | ||
"Vindicating statutory employment rights - an exercise in legalism" (1984) Irish Law Times 201. |
1984 | ||
"Legal action on behalf of the underprivileged - an evaluation of the test case strategy" (1986) 8 Dublin University Law Journal 102. |
1986 | ||
"The Liability of personal representatives under the social welfare code" (1987) Gazette of the Incorporated Law Society of Ireland 129. |
1987 | ||
"Social Welfare payments and the assessment of damages in civil actions" (1987) Gazette of the Incorporated Law Society of Ireland 281. |
1987 | ||
"Welfare Law - Travellers and the Law" (1988) 10 Dublin University Law Journal 189 |
1988 | ||
Protecting the married family on social welfare" (1988) Irish Law Times 87. |
1988 | ||
"Social Welfare Law -the cohabitation rule" (1989) 11 Dublin University Law Journa1 187. |
1989 | ||
Note on the Social Welfare (No.2) Act 1989 in 1989 Irish Current Law Statutes Annotated. |
1989 | ||
"Constitutional protection for the married family" (1989) Irish Law Times 115. |
1989 | ||
"Reforming the social welfare appeals system” (1989) Irish Law Times 198 (with M Cousins). |
1989 | ||
"Enforcing maintenance obligations through the welfare system" (1990) Gazette of the Incorporated Law Society of Ireland 5. |
1990 | ||
"Recent changes in the liabilities of personal representatives under the social welfare code" (1991) Gazette of the Incorporated Law Society of Ireland. |
1991 | ||
"The Impact in Ireland of EC Law on Social Security Rights for Migrant Workers" in Mobility of People in the European Community (Irish Centre for European Law, 1990). |
1990 | ||
"Liability of personal representatives under the social welfare code" (1993) Gazette of the Incorporated Law Society of Ireland 175. |
1993 | ||
"O'Connor v. Irish Press Newspapers Ltd.: a short comment on the role and procedures of the Social Welfare Tribunal" (1995) Employment Law Reports xxiv. |
1995 | ||
"Natural Law and the Constitution" (1996) Irish Law Times 8. |
1996 | ||
"The Constitutionalisation of Labour Law" (1994-5) Journal of the Irish Society for Labour Law 208. |
1996 | ||
Annotation of Civil Legal Aid Act 1995 in (1995) Irish Current Law Statutes Annotated 32. |
1996 |
Postgraduate Research Students (selection)
| Student | Thesis | Degree |
|---|---|---|
| Claire Hogan | Islam and the Irish Legal System: A Comparative Analysis with Britain, France and Germany | Ph.D. |
| Maria Nestor | The Role of Community Economic Development Lawyering in promoting/implementing a strategic model of legal aid. | Ph.D. |
Links
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This page was last updated on 3 April, 2010 by Catherine Finnegan