Biography
Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College. 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 is a former member of the Commission on Assisted Human Reproduction and 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.
Publications and Further Research Outputs
Peer-Reviewed Publications
Mel Cousins and Gerry Whyte, Social Security Law in Ireland, Fifth edition, Alphen aan den Rijn, NL, Kluwer Law International, 2024, 1 - 398pp
Gerry Whyte, Deportation and the Marital Family: Gorry v Minister for Justice and Equality, Irish Supreme Court Review, 4, 2022, p203 - 221
Mel Cousins and Gerry Whyte, Social Security Law Ireland , Fourth edition, Alphen Aan den Rijn, Wolters Kluwer, 2021, 1 - 432pp
Gerry Whyte, Begging and Irish law, The Irish Jurist, 64, (2), 2020, p153 - 166
Litigating the Right to Inclusive Education under Irish Law in, editor(s)Gauthier de Beco, Shivaun Quinlivan, Janet Lord , The Right to Inclusive Education in International Human Rights Law, Cambridge, Cambridge University Press, 2019, pp497 - 513, [Gerry Whyte]
Judicial decisions as catalysts for social change in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, IPA, 2018, pp147 - 157, [Gerry Whyte]
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
Gerry Whyte, Lord Ellenborough's Law of Humanity and the Legal Duty to Relieve Destiitution, The Irish Jurist, Vol.60, 2018, p1 - 32
Gerry Whyte, Social Inclusion and the Legal System: Public Interest Law in Ireland , Second edition, Dublin, Institute of Public Administration, 2015, 554 + liiipp
Public Interest Litigation in Ireland and the European Convention on Human Rights Act 2003 in, editor(s)Suzanne Egan, Liam Thornton and Judy Walsh , Ireland and the ECHR: 60 Years and Beyond, Dublin, Bloomsbury, 2014, pp257 - 279, [Gerry Whyte]
Gerry Whyte, Judicial Capacity to enforce Socio-Economic Rights, Dublin University Law Journal, 37, 2014, p203 - 230
The Efficacy of Public Interest Litigation in Ireland in, editor(s)Professor Tiya Maluwa , Law, Politics and Rights: Essays in memory of Kader Asmal, Leiden, Brill , 2013, pp252 - 284, [Gerry Whyte]
Gerry Whyte, Constitutional Litigation and Disability Rights, Irish Jurist, 48, 2012, p303 - 322
Gerry Whyte, A Tale of Two Cases - Divergent Approaches of the Irish Supreme Court to Distributive Justice, Dublin University Law Journal, 32, 2010, p365 - 379
G.F. Whyte, "The Frontiers of Religious Liberty: A Commonwealth Celebration of the 25th Anniversary of the U.N. Declaration on Religious Tolerance - Ireland, Emory International Law Review, Vol.21, (No.1), 2007, p43 - 76
Gerry Whyte, The role of the Supreme Court in our democracy: A response to Mr. Justice Hardiman, Dublin University Law Journal, 28, 2006, p1 - 26
The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte]
Gerry Whyte, Protecting Religious Ethos in Employment: A clash of cultures, Dublin University Law Journal, 27, 2005, p169 - 183
Gerry Whyte (with Eoin O'Dell), Is This a Country for Old Men and Women? - In re Article 26 and the Health (Amendment) (No.2) Bill 2004 , Dublin University Law Journal, 27, 2005, p368 - 392
Whyte, G., Hogan, G., Kelly's The Irish Constitution, Fourth edition, LexisNexis, 2004
Whyte, G., Social Inclusion and the Legal System: Public Interest Law in Ireland, IPA, 2002
Whyte, G., The right to die and the Irish Constitution, European Public Law, 235, 1997
Whyte, G., Religion and the Irish Constitution, John Marshall Law Review, 725, 1997
Whyte, G., Public interest litigation in Ireland - the emergence of the affirmative decree?, Dublin University Law Journal, 198, 1997
Whyte, G., Gender and Equality in the Irish Social Welfare System, Irish Human Rights Yearbook, 50, 1995
Gerard Hogan, Gerry Whyte, The Irish Constitution, Third edition, Butterworths, 1994, cxxii, 1-1222pp
Whyte, G., Education and the Constitution: convergence of paradigm and praxis, XXV-XXVII Ir. Jur., 69, 1992
Whyte, G., O'Dell, E., Welfare, Women and Unjust Enrichment, Industrial Law Journal, 304, 1991
Whyte, G., Social Welfare Law -the cohabitation rule, Dublin University Law Journa1, 187, 1989
Whyte, G., Part-time Workers under Labour and Social Welfare Law, Dublin University Law Journal, 74, 1989
Whyte, G., Welfare Law - Travellers and the Law, Dublin University Law Journal, 189, 1988
Whyte, G., The Family and the State -Irish Constitutional Law, St. Louis University Public Law Review, 237, 1988
Whyte, G., Legal action on behalf of the underprivileged - an evaluation of the test case strategy, Dublin University Law Journal, 102, 1986
Whyte, G., Kerr, A., Irish Trade Union Law, Professional Books, 1985
Whyte, G., "And Justice for Some...", Dublin University Law Journal, 88, 1984
Whyte, G., Kerr, A., Labour Law, Trade Disputes and the Constitution, Dublin University Law Journal, 187, 1984
Whyte, G., Constitutional Law - the one judgment rule in action, Dublin University Law Journal, 273, 1983
Whyte, G., The applicability of the European Convention on Human Rights before the Irish courts, International Comparative and Law Quarterly, 856, 1982
Whyte, G., Industrial Relations and the Constitution, XVI Ir. Jur., 35, 1981
Whyte, G., Constitutional protection and the European Convention on Human Rights -an Irish joke? The punchline, Modem Law Review, 541, 1981
Non-Peer-Reviewed Publications
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law, Dublin, Thomson Reuters Professional (Ireland) Ltd, 2023, pp509 - 521, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2021, Dublin, Round Hall Thomson Reuters, 2022, pp467 - 479, [Gerry Whyte, Mel Cousins]
Social Welfare Law in, editor(s)Ray Byrne and William Binchy , Annual Review of Irish Law 2020, Dublin, Round Hall Thomson Reuters, 2021, pp707 - 720, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2019, Dublin, Round Hall, 2020, pp628-651 , [Mel Cousins, Gerry Whyte]
Social Welfare Law 2017-18 in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2018, Dublin, Round Hall, 2019, pp542 - 565, [Mel Cousins and Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2016, Dublin, Round Hall, 2017, pp579-605 , [Mel Cousins, Gerry Whyte]
Public Interest Litigation - an evaulation in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp109 - 116, [Gerry Whyte ]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2016, pp676 - 685, [Gerry Whyte and Mel Cousins]
Gerry Whyte , Guaranteeing Freedom of Religion in Contemporary Ireland, Doctrine and Life, 66, (8), 2016, p10 - 25
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, pp619 - 638, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp535 - 547, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp546 - 554, [Gerry Whyte and Mel Cousins]
Gerry Whyte, The legal status of 'no foal, no fee' agreements, The Bar Review , 17, (3), 2012, p61 - 67
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2011, Dublin , Round Hall, 2012, pp583 - 599, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2010, Dublin, Round Hall, 2011, pp592 - 598, [Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2009, Dublin, Round Hall , 2010, pp711 - 719, [Gerry Whyte]
Social Welfare Law 2008 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp581 - 586, [Gerry Whyte]
Social Welfare Law 2007 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2007, Dublin, Round Hall, 2008, pp513 - 524, [Gerry Whyte]
Providing Effective Access to Legal Services in, editor(s)Aibhlin McCrann , Memories, Milestones and New Horizons, Belfast, Blackstaff Press, 2008, pp115 - 134, [Gerry Whyte]
On the Meaning of 'Religion' under the Irish Constitution in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Thomson Round Hall, 2008, pp446 - 462, [Gerry Whyte]
Social Welfare Law 2006 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2006, Dublin, Thomson Round Hall, 2007, pp524 - 534, [Gerry Whyte]
Gerry Whyte, Socio-Economic Rights in Ireland: Judicial and Non-Judicial Enforcement, Bar Review, 11, (1), 2006, p27 - 31
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Round Hall, 2006, pp625 - 632, [Gerry Whyte]
Gerry Whyte, The Moral Status of the Embryo, Medico-Legal Journal of Ireland, 12, (2), 2006, p77 - 82
Gerry Whyte, Integrating Professional Practice and Religious Faith, Doctrine and Life, 55, (10), 2005, p18 - 29
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp449 - 458, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2003, 2004
Rights and Judicial Activism in, editor(s)Fanning, Kennedy, Kiely, Quin , Theorising Irish Social Policy, UCD Press, 2004, [Whyte, G.]
Whyte, G., Democracy and Multireligious Experience: Constitutional Dilemmas, Svensk Teologisk Kvartalskrift, 108, 2004, `
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2001, 2004
Socio-Economic Rights and the Irish Constitutio in, editor(s)Lavan , Social Rights and Social Cohesion, IEA/Dept. of Social, Community and Family Affairs, 2003, [Whyte, G.]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2000, 2002
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1999, 2001
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1999
some Reflections on the Role of Religion in the Constitutional Order in, editor(s)Tim Murphy and Patrick Twomey , Ireland's Evolving Constitution 1937-1997, Oxford, Hart Publishing, 1998, pp51 - 64, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Gerry Whyte , Discerning the philosophical premises of the Report of the Constitution Review Group, Contemporary Issues in Irish Law and Politics, Vol. 2, 1998, p216 - 238
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Whyte, G., Education, religion and an indeterminate constitution, Doctrine and Life, 274, 1997
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1997
A comment on the Constitution Review Group's proposals on equality in, editor(s)Byrne and Duncan , Developments in discrimination law in Ireland and Europe, ICEL, 1997, [Whyte, G.]
Whyte, G., Annotation of Civil Legal Aid Act 1995, Irish Current Law Statutes Annotated, 32, 1996
Whyte, G., "The Constitutionalisation of Labour Law" (1994-5), Journal of the Irish Society for Labour Law, 208, 1996
Whyte, G., Natural Law and the Constitution, Irish Law Times, 8, 1996
Whyte, G., O'Connor v. Irish Press Newspapers Ltd.: a short comment on the role and procedures of the Social Welfare Tribunal, Employment Law Reports, xxiv, 1995
Whyte, G., Introduction, Religious Morality and Public Policy, 1995
Whyte, G., The White Paper: a lawyer's response, Vol. II Studies in Education: A Journal of Educational Research, 22, 1995
Whyte, G., Treacy, B. (editors), Religious Morality and Public Policy, Dominican Publications, 1995
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1993, 1994
Constitutional Adjudication, Ideology and Access to the Courts in, editor(s)A. Whelan , Law and Liberty in Ireland, Oaktree Press, 1993, [Whyte, G.]
Whyte, G., Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 175, (1993), 1993
Education and the Constitution in, editor(s)D. Lane , Religion, Education and the Constitution, Columba Press, 1992, [Whyte, G.]
Abortion and the Law in, Abortion, Law and Conscience, Dominican Publications, 1992, [Whyte, G.]
Whyte, G., State Aid for Church Schools: Is it legal?, Doctrine and Life, Feb., 1992
Irish Social Security Policy during the 1980s in, editor(s)B. Greve , Social Policy in Europe, Copenhagen, Danish National Institute of Social Research, 1992, [Whyte, G.]
Whyte, G., Recent changes in the liabilities of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 1991
Whyte, G., Report of the Review Group on the Treatment of Households in the Social Welfare Code: a Legal Perspective, Administration, 134, 1991
Whyte, G., Enforcing maintenance obligations through the welfare system, Gazette of the Incorporated Law Society of Ireland, 5, 1990
Whyte, G., The Impact in Ireland of EC Law on Social Security Rights for Migrant Workers, Mobility of People in the European Community (Irish Centre for European Law, 1990), 1990
Whyte, G., Note on the Social Welfare (No.2) Act 1989, Irish Current Law Statutes Annotated, 1989
Whyte, G., Reforming the social welfare appeals system, Irish Law Times, 198, 1989
Whyte, G., Constitutional protection for the married family, Irish Law Times, 115, 1989
Whyte, G., Social Welfare Law 1988/9: the year in review, Journal of the Irish Society for Labour Law, 66, 1989
Council Directive 79/7/EEC in Ireland in, Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988, [Whyte, G.]
Whyte, G. (editor), Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988
Whyte, G., Protecting the married family on social welfare, Irish Law Times, 87, 1988
Whyte, G., Social Welfare Law 1987/8: the year in review, Journal of the Irish Society for Labour Law, 82, 1988
Law and Poverty in Ireland in, editor(s)W. Duncan , Law and Social Policy, Dublin University Law Journal, 1987, [Whyte, G.]
Whyte, G., The Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 129, 1987
Whyte, G., Social Welfare payments and the assessment of damages in civil actions, Gazette of the Incorporated Law Society of Ireland, 281, 1987
Whyte, G., Social Welfare Law 1986/7: the year in review, Journal of the Irish Society for Labour Law, 88, 1987
Whyte, G., An evaluation of the Report of the Commission on Social Welfare, Journal of the Irish Society for Labour Law, 81, 1986
Whyte, G., Social Welfare Law 1985/6: the year in review, Journal of the Irish Society for Labour Law, 135, 1986
Whyte, G., Vindicating statutory employment rights - an exercise in legalism, Irish Law Times, 201, 1984
Whyte, G., The European Convention on Human Rights and the closed shop, Gazette of the Incorporated Law Society of Ireland, 237, 1981
Whyte, G., The right of workers to choose their collective bargaining agents, Gazette of the Incorporated Law Society of Ireland, 53, 1981
Whyte, G., Nominal plaintiffs and the Irish Constitution, Gazette of the Incorporated Law Society of Ireland, 229, 1980
Whyte, G., Rationalising the Law on Picketing, Irish Law Times and Solicitors' Journal, 93, 1979
Research Expertise
Description
Public interest law, constitutional law, labour law, social welfare law, law and religion.Recognition
Representations
Ministerial appointee to Steering Group for Irish Council of People with Disabilities
Ministerial appointee to Commission on Assisted Human Reproduction
Member of EU Group of Experts on Convergence of Social Protection Policies
Ministerial appointee to selection panel for Irish Human Rights and Equality Commission designate
Awards and Honours
Fellow of Trinity College