The current Gustav Radbruch Institute of Theory of Law evolved from its predecessor, the Department of Theory of State and Law, and underwent transformation in September 2016. The former Department of Theory of State and Law descended from the Department of Theory and History of State and Law, one of the primary departments of the Faculty from its establishment under the aegis of prof. JUDr. Milan Štefanovič, CSc.
In the academic year 1990-1991, the Department of Theory and History of State and Law was divided into two new and independent departments – the Department of Theory of State and Law and the Department of History of State and Law. The Department of Theory of State and Law focused on the research of the development and principles of the Rule of Law, sources of law, forms of government, subjects of political system, interactions of legal traditions, Comparative Law and ethical issues in law. From 2010 onwards, research activities of the department expanded to include the investigation of constitutional principles of the Rule of Law, relations between the Constitution and constitutional statutes; protection of constitutionality and analysis of case-law of the Constitutional Court of the Slovak Republic.
In 2016 the Department underwent transformation into Gustav Radbruch Institute of Theory of Law. The Institute seeks to uphold the legacy of Gustav Radbruch and disseminate his ideas via teaching and scholarly activities of individual members of the Institute, including interpretation of law and theory of legal argumentation, argumentation using principles of law, fundamental rights and freedoms, or principles of the Rule of Law.
The Department of Theory and History of State and Law commenced its work under the supervision of assoc. prof. JUDr. František Červeňanský, CSc. The founding members of the Department from 1 September 1973 included JUDr. Marta Kadlecová; JUDr. Gabriela Gálová (later Gejdošová), JUDr. Milan Gejdoš, JUDr. Peter Mosný. Shortly after that (from 1 October 1973), JUDr. Imrich Kanárik joined the team of the founding members, and as a long-term member of the Department (later in the position of an associate professor) delivered lectures and conducted seminars in the study branch of Theory of State and Law up to 2018. On 1 August 1974 another long-term staff member began to work at the Department, JUDr. Blažena Antalová.
The early years of the Law Faculty of Pavol Jozef Šafárik University were in general influenced by part-time teachers of the Faculty of Law of Comenius University in Bratislava. Many part-time colleagues at the Department of Theory and History of State and Law participated in theoretical courses taught during the 1980s, especially assoc. prof. JUDr. Ján Bakič, assoc. prof. JUDr. Pavol Dojčák, DrSc. (later in the position of a professor), PhDr. Ladislav Kučera, CSc., PhDr. Ladislav Kitta, and many others.
In the later period, several officials were in charge of the Department: JUDr. Gertrúda Železkovová, CSc., prof. JUDr. Jozef Dzugas, CSc., assoc. prof. JUDr. Peter Mosný, CSc., assoc. prof. JUDr. Alexander Bröstl, CSc. and JUDr. Gabriela Dobrovičová, CSc.
During the following period, the membership of the Department consisted of: JUDr. Imrich Kanárik, JUDr. Gabriela Gejdošová, JUDr. Andrea Černegová, JUDr. Pavol Ivančák, assoc. prof. PhDr. Ján Čipkár, CSc., JUDr. Margita Borhyová (later Čeplíková), CSc., JUDr. Mária Šomošiová, assoc. prof. PhDr. Eduard Borys, CSc., assoc. prof. PhDr. Mária Mičaninová, CSc., JUDr. Peter Čuroš, PhD.
In the academic year 2003-2004, the Department welcomed prominent part-time teachers, the constitutional court judges JUDr. Eduard Barány, DrSc. and JUDr. Ľudmila Gajdošíková, CSc. From 2020 to 2022, Dott. Mag. Marco Mazzocca, Ph.D., D.E. from the University in Padova was engaged at the Institute in the postdoctoral position of a researcher within their research project.
