A proposed move by the federal government to keep more official documents secret could fall foul of the constitution, a legal expert says.

According to Luke Beck, a Monash university professor of constitutional law, the Labor government’s disproportionate restriction of access to documents prepared for government ministers may contradict an implied freedom of political communication.

This makes it “ripe” for a legal challenge, he said – and former senator Rex Patrick said he was willing to back a test case.

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Under current freedom of information laws , documents can be exempt from release if they have the “dominant purpose” of going before cabinet for discussion, or to brief a minister on another document that was discussed in cabinet.

But the governmen

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